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Don't understand the legal jargon on Court order

  • chester1970
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01 Jul 24 #523374 by chester1970
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Could anyone help me please to understand Court order?

It's in relation to myself applying to dismiss (d11) my Wife's application for divorce on grounds of Adultery which she applied for 6 years ago but has not applied for Decree Nisi.

1. The case shall be stayed and shall be dismissed upon any conditional order obtained in relation to the same marriage.

2.Any application to lift the stay by the Petitioner shall explain the prejudice, if any, of the dissolution of the marriage proceedings on a new no fault based divorce application.


​​​​​​Appreciate any help thankyou

  • hadenoughnow
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01 Jul 24 #523375 by hadenoughnow
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Tricky isn't it?

The case will be stayed means put on hold.it will be dismissed completely when you get a conditional order. In effect it is dismissed now.

The second paragraph sets out what she would need to do to stop you proceeding with the no fault divorce and reinstating the old one. Essentially she'd need a very good reason to want things to proceed on the old grounds rather than on a no fault basis. I cannot think there would be one.

Hadenoughnow

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01 Jul 24 #523376 by chester1970
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Thankyou my head hurts with it all lol

So is this the green light to go ahead and start my own application ( conditional order) ?

Bizarrely my ex has communicated to myself she has no objections to me starting my own application but won't continue with her Petition or ask the Court to dismiss it.

  • hadenoughnow
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01 Jul 24 #523377 by hadenoughnow
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It is indeed the green light. 🙂.

  • chester1970
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02 Jul 24 #523382 by chester1970
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Fantastic thankyou😊

Final question hopefully.....

When I apply do I apply to start from the beginning of the Process or jump straight to applying for an ' Conditional order '?

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