Decree Nisi

littlemiss_pretty

Hi

Can anyone tell me how long does decree nisi take to come through? I submitted all the paperwork to court on 8 October 2013 and they took the money out of my account the following week. Is it normal to wait this long? Everything else has moved quickly up until now so I am getting bit worried.


Please advice. Many Thanks

caeler

There could be a backlog at the court or your case is particularly compex or there is missing paperwork (ie. arrangements for children, etc).

Maybe ring the court and find out?

From memory mine took 4 weeks but I can't quite remember.

littlemiss_pretty

Thank You Caeler for your reply.

My case is bit complex because I had to involve the home office. Petition papers could not be served to the respondent as he has left the country. So I have asked the court to dispense with service and attached the Affidavit of Service and letter from home office as supporting document. My process server was very good and he made enquiries with the other tenants at the address and ran data base searches.
My first case was an annulment which was dismissed by the judge so I had to start the divorce procedure from scratch.

caeler

That might explain it. I think you need to call and find out where you are in the 'queue' at least it will be put your mind at rest.

meritaten

yes - I would ring the court and ask whether your petition has been 'heard' yet. if there was a problem I am sure they would have contacted so its probably just down to being 'in the queue'.

littlemiss_pretty

Thank you Caeler and Meritaten for your replies. My solicitor (a family member) has contacted the court and have told me that my file is due to come back from the judge. I don't know what that means?

I guess I will hear something next week. But as you said if there was a problem they would have contacted me. I just want all of this to be over now

sacha28

littlemiss_pretty wrote: »

Thank you Caeler and Meritaten for your replies. My solicitor (a family member) has contacted the court and have told me that my file is due to come back from the judge. I don't know what that means?

I guess I will hear something next week. But as you said if there was a problem they would have contacted me. I just want all of this to be over now

Is this not a conflict of interest?!

Nicki

sacha28 wrote: »

Is this not a conflict of interest?!

No. A conflict of interest is where the solicitor may have some interest which would conflict with the interest of the client. So if OP's solicitor was a relative of her soon to be ex husband there would be a problem. Many many solicitors act for friends and family members and this is fine and allowed by the rules unless there is some reason why the solicitor would have a personal interest in an outcome different to the one the OP would like.

littlemiss_pretty

Thank you for that Nicki. Sorry my solicitor is not a family member but a distance relative (if that makes sense) and I am paying him for the work he is doing.

Addiscomber

littlemiss_pretty wrote: »

told me that my file is due to come back from the judge. I don't know what that means?

Sounds like the judge has your paperwork to consider and reach a decision.

littlemiss_pretty

Thank you Addiscomber that's what I thought but don't they tell you when the decree nisi will be pronounced? or the file needs to come back from the judge and then they will let me know?

I just thought 6 weeks is a long time to wait.