• Rescinded nisi

My husband and I reconciled after the decree nisi had been issued. We then reconciled and sent off a D11 form and statements to stop to recind. About 5 weeks later my husband left me again. We had not recieved confirmation that the divorce had been stopped. Can he still apply for the absolute?
Asked 3 years ago in Family Law
Religion: Other

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10 Answers

If it's dismissed then fresh application is needed

Prashant Nayak
Advocate, Mumbai
34581 Answers
249 Consultations

If you had filed the form to stop the proceedings then it must have stopped. But wither of the parties can set the process again in motion.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Either of the parties have to stop the application and then only can one proceed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It depends on what order is passed on D11. Usually after reconciliation order on D11 are passed without delay. There is  no bar against applying for divorce  again. Divorce  application  will not be completed after application  to rescind.  

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Husband cannot apply for making divorce absolute as joint application was made to court to stop the recind 

Ajay Sethi
Advocate, Mumbai
99867 Answers
8149 Consultations

It cannot be completed during the cross over of application to recind 

Ajay Sethi
Advocate, Mumbai
99867 Answers
8149 Consultations

- Legally he cannot apply for the restoration of the application without giving notice to you. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

A decree nisi is a document that says that the court does not see any reason why you cannot divorce.

If your husband or wife does not agree to the divorce, you can still apply for a decree nisi.

The form will tell you what to do next. The judge may want more information in writing, or you may have to go to a court hearing.

In this case, he has to apply within 12 months of getting the decree nisi - otherwise he will have to explain the delay to the court.

For getting the absolute decree, 

The court will check that:

  • time limits have been met
  • there are no other reasons not to grant the divorce.

You may be intimated by court in that regard, then you can record and register your objections with the reasons you rely upon opposing the application filed by him seeking decree absolute.

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

Your husband can apply for the decree absolute if you do not.

The court will have to wait an extra 3 months to do this, on top of the standard 43 days.

The application to rescind the orders for Nisi will be considered by the court if filed within the above said period.

 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

Dear Client,

                  You can only make an application for divorce or dissolution if you have been in your marriage or civil partnership for at least one year. This does not apply to (judicial) separation applications.The information you give will be used as evidence by the court to decide if you are entitled to legally end your marriage or civil partnership or to get a (judicial) separation order from your partner. A copy of this form will be sent to your spouse/civil partner by the court. If there are exceptional reasons why your application should be dealt with urgently then please set those reasons out in a covering letter.You will need to contact the respondent to see if they agree to the petition being withdrawn and the proceedings being dismissed.If they agree to your request, you can then file an application at court with the respondent's consent seeking that the proceedings be dismissed.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11022 Answers
125 Consultations

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