Decree Nisi Application Refusal: Jurisdiction and Document Requirements, Study Guides, Projects, Research of Law

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July 2020

Solicitor Decree Nisi – Refusal Reasons from the Legal Adviser (Clarification and Amend Journey)

Decree Nisi

Refusal Clarification Screens

You can see the decision by checking the ‘Outcome of Decree Nisi’ tab, which will outline the reason for refusal.

A copy of the Refusal Order can be found in the ‘Documents’ tab. Sitting in the Family Court 12 July 2020 Case number: RS34D Applicant 2yearWithSol Katz Respondent Respondent Katz

Refusal order

Following a review of your case the Assistants Justices Clerk having considered the evidence filed is not satisfied that you are entitled to a decree of divorce. You need to provide the following information or documents before the court can make a decision on your application for divorce.

What you need to provide

Jurisdiction details The court has judged that your application does not fall within the jurisdiction of the courts of England and Wales. You must have at least one of the following legal connections for your divorce to fall within the jurisdiction of a court in England and Wales:  My wife and I are both habitually resident in England or Wales  My wife and I were last habitually resident in England or Wales and I still live there  My wife is habitually resident in England or Wales  I’m habitually resident in England or Wales and have lived here for at least a year  I’m domiciled and habitually resident in England or Wales and have lived here for at least six months  My wife and I are both domiciled in England or Wales  I believe the courts of England and Wales have jurisdiction on a residual basis Your original marriage certificate The image of the marriage certificate you shared does not appear to be a scanned copy of the full original.

This will open up a screen which will allow you to respond to the Decree Nisi Refusal reason.

You can provide further clarification responses and optionally upload documents for further review.

The case will then be moved into the state ‘Clarification Response Submitted’, where the Legal Advisor will review the information provided and reconsider the entitlement to a Decree Nisi.

Decree Nisi

Refusal Reject and Amend

You can follow the link provided in your email to find your case via Manage Cases, and view the decision in the ‘Outcome of Decree Nisi’ tab.

The Refusal order can be found on the ‘documents’ tab. Sitting in the Family Court 12 July 2020 Case number: RS34D Applicant 2yearWithSol Katz Respondent Respondent Katz

Refusal order

Following a review of your case the Assistants Justices Clerk having considered the evidence filed is not satisfied that you are entitled to a decree of divorce. If you want to continue with your divorce, you need to amend (change) and resubmit your application. You will need to pay a £95 amendment fee as the application will need to be issued again and sent back to your wife. They will also need to respond again before you can apply for decree nisi.

Reason(s) for the refusal

Jurisdiction details Your application does not fall within the jurisdiction of the courts of England and Wales. Application does not meet criteria Your application does not meet the criteria for the grounds of divorce that you selected. Insufficient details in application The court has judged that your application does not demonstrate that the marriage has broken down irretrievably. To grant a divorce the court must be satisfied that the marriage has broken down irretrievably, based on the information set out in the application.

The court has provided the following comments

“Additional information provided.”

This will open a screen to notify you that a new case will be started, populated with the data from the original petition.

You will be taken to first page of divorce application process. Depending on the reasons selected for the refusal screens, they will either be prepopulated or left blank.

When you submit the amended application, you will need to pay a fee of £95.

The CTSC can then issue the case and the case will continue.