Respondent Wants To Apply For Decree Absolute - Confused!!

[Jenjo]

Hi, my ex filed for divorced and was granted decree nisi 8 months ago but hasn't yet applied for decree absolute. So I now want to apply for decree absolute as the respondent, but am unsure what forms I need to complete. The Gov.uk website says a respodent needs to complete D11 form but other people have advised that only a D36 form needs to be completed. I have looked on the D36 form and there is tickboxes to confirm if I am the petioner or the respondent - which makes me think maybe I just need to fill in the D36. Or am I to complete both D11 and D36? Please could you confirm? and do I need any supporting documents?

Note: only married 18 months, we have a child which I pay monthly CSA maintenance for, no other financial arrangements in place (but don't have any mortgage or assets or pensions)

no reason for ex not applying for the decree absolute (that i'm aware of)

many thanks

[Buenchico]

You just need form D11.

See 'If your husband or wife started the divorce', here:
https://www.gov.uk/divorce/apply-for-a-decree-absolute

[tonywiltshire]

A decree Nisi (meaning unless) is the provisional decree and the Petitioner can apply for a decree absolute after 6 weeks and one day if the Petitioner does not apply for the decree nisi to be made absolute, the Respondent may apply for the decree to be made absolute after a further 3 months have elapsed with an affidavit setting out why the respondent is applying rather than the Petitioner, if it is left 12 months before applying this must be explained.
Do remember there is now only one ground for divorce which is the irretrievable breakdown of the marriage and proceedings should not start until you have been married for 1 year with separation for 2 years where the divorce is undefended.
The Court will be helpful with forms but will not give legal advice.

[tonywiltshire]

I think you will find the form to have a decree Nisi made Absolute is D36, but do check your position first and do not remarry until you have the decree absolute, the court will give you advice on forms.

[Buenchico]

Tony:
If you check my link (and the links to the forms from it) you'll see that it's D11 that's needed here.

[tonywiltshire]

Chris: Thanks for comment, but if you check with the County Court in your area that deals with divorce I think you will find it is form D36 that should be used, I think it is called “Notice of Application for decree Nisi to be made absolute” or something of that nature. You will have noticed that to contact the County Court is the action I have recommended to the respondent.

[Buenchico]

As my link shows, Tony, that's the form used by the petitioner for a divorce. If the respondent chooses to apply for the decree nisi (which, rather oddly, requires payment of a higher fee), it's D11 that's needed.

[tonywiltshire]

Chris: Sorry but the correct form is D36 whatever your site says but if you prefer to have it your way, so be it I shall not comment again.

[Buenchico]

While I might not always trust our Government, I do usually trust Government websites, Tony!