Hello,

This is my first post but i think i am made a big cock-up in my application in for a divorce petition (i did it myself) but here is the brief story:

Got married in India December 2006 to my ex then she came to the UK in March 2007 then left the UK in April 2007 as forced by her parents to get married to me and also of non-consummation.

What I have done (this is where i think i have made the big mistake) is i applied for the petition in Feb 2007 and I have also got the reply from my ex to say she does not want to defend the case. I then applied for the directions for trial but last week i got a D79 saying that:

"This appears to be a voidable marriage due to either duress or non-consummation. The petitioner's solicitor should comment on this".

I went to my local county court today and they told me that this may be a annulment rather than a divorce (i.e to amend the petition and pay £80).

What do i need to do now and what do i need to write to reflect this is a annulment?

Thank in advance

Hi there

On the first page you need to write in red pen "Amended on the " and the date, and then underline both.


Then you go to paragraph 12, put a red line through what you have there and put, in red and underlined in red:

"The marriage is a voidable marriage due to non commsumation and duress"

Then go to paragraph 12 and put a red line through everything that you have and put, in red and underlined:

"The marriage is a voidable marriage"
Then put your particlars in red and underlined

Then put in red and underlined
"Accordingly the marriage is voidable"

Then on the next page strike through the signature and date in red and then resign and redate it in red and underlined, and remember there are 2 date boxes on that page and you have to do that in both places.

Then on the back page, where it says Divorce petition, strike through it in red, and put in red "Petition for Nullity" and underline it.

This is all assuming you want an annullment of course, the difference being that having a marriage annulled is like having never been married, whereas being divorced is just that.

If you need further help just holler
Amanda

Hi Amanda,

Thank for replying. Just a few questions then i'll be fine:

(1). Will I have to send 3 copies of my petitions again with the amendment? I know it about £80 for an amendment petition.

(2). Do i need to amend or delete anything in paragraph 11?

(3). In my particulars i have written how the marriage broke down which i want to still keep but do i still need to put that in red as the only thing i would want to add is the "Accordingly the marriage is voidable"?

(4). I can only find one date box on my D8.

Hi there

Yes you need 3 copies;

You do not need to change para 11;

For the particulars, these should be very brief and explain the non consummation and the duress, nothing else save the "Accordingly" line;

You should date it where you sign it, and in the date box under the petitioners address for service box.

Amanda

Thanks for your help. I will let you know how i get on in coming weeks and months.

I was married in October 2006 and my wife left me in September 2007 stating that she could not live with me any longer even though she still loved me.
since our marriage date the marriage was not consummated, in fact we slept in separate beds and her reason was that she was not happy with my personal hygiene. She has now made her own new life in Newcastle upon Tyne and I feel that this marriage should be declarde null and void. We did not have any sexual relationships for some considerable time before our marriage
Your comments and advice please

Hi there

If the marriage has not been consumated then you can apply for an annullment rather than a divorce.

Amanda