Chapter 4- Matrimonial Proceedings Flashcards
What documents are required to start matrimonial proceedings?
Marriage / civil partnership certificate
The application, enough for all parties
Certificate with regards to reconciliation
Who is exempt from court fees for D8?
Those receiving certain benefits (JSA, income support)
Persons receiving legal aid - advisor must include confirmation of legal aid on the HWF app form
What is the issuing process?
1) obtain client authority to issue and sign D8
2) send 3 copies to the family court
3) court will issue if everything is correct and provide claim number
What is the process of serving documents?
1) Sealed order sent to parties involved
2) respondent filed AOS- must happen or applicant cannot proceed
If no AOS filed ..
3) service in person or court bailiff
4) deemed service - respondent indirectly admits to receipt of D8
5) substituted service- on relative. Court must be satisfied all service options are exhausted and then will apply the order
What happens procedurally following the return of an AOS if respondent doesn’t intend to defend?
After 7 days elapsed applicant can apply for decree nisi along with statement in support of the divorce.
Application is then considered by legal adviser
If they are satisfied the application meets the criteria it is listed for decree nisi
Certificate is issued for decree nisi, lists date of pronouncement of decree nisi
Pronouncement of decree nisi takes place
What is a decree nisi
A conditional offer
What facts does the legal adviser consider when reviewing the application for decree nisi?
Has the respondent been properly served with application?
Does respondent have no intention to defend matter? Plus time limit has expired to defence
Respondent has provided consent to Fact D if any
Has adultery been admitted part of Fact A?
What is the pronouncement of Decree nisi
The court hold a hearing. Parties are not required to attend. They list the decree nisi which are approved in open court.
Does the decree nisi dissolve the marriage?
No, first stage then 6 weeks lapse where respondent has opportunity shows marriage has not broken down irretrievably.
Final decree is then applied for when 6 weeks has ended
What is the process of the decree absolute?
Application must be made after 6 weeks D36 for decree absolute
Court check has it been appealed? Has 6 weeks passed?
Court issue decree absolute D37
Can the respondent apply for decree absolute?
Yes, if applicant has not done so. Must be 3 months from the initial 6 week period.
Cannot be done by post, must be by appointment with the court.
What happens procedurally following the return of an AOS if respondent does intend to defend?
28 days from service of application to file a defence to state why they do not agree to the divorce.
Once this time lapses, if no defence returns to undefended divorce track
If defence filed, dealt with at court hearing with oral evidence.
