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Procedure to correct names on Divorce.

Family Law, Children, Adoption

Procedure to correct names on Divorce.

Postby 3.14 » Wed Mar 09, 2016 5:27 pm

I am asking on behalf of a friend.

Two people marry in a foreign land many, many moons ago. Then they both arrive in England before they eventually divorce.

The Marriage certificate (from their home country) has their correct names on it. However, on the subsequent divorce (obtained in England), the names are misspelled slightly.

The issue is that one of the two parties now lives in their home country again and the divorce isn't accepted due to the misspelling of the names.

What is the procedure to correct the divorce petition?
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Re: Procedure to correct names on Divorce.

Postby dls » Wed Mar 09, 2016 7:56 pm

Not at all straightforward.
It depends a little on the origin of the mistake. If the papers submitted to the court are exactly right, and the court makes the mistake that is one thing.

If the petitioner requests the dissolution of a non-existent marriage then they may still be married.
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Re: Procedure to correct names on Divorce.

Postby 3.14 » Wed Mar 09, 2016 8:24 pm

In the event that the papers were incorrect to begin with, then an application to the court on form D11, a £50 court fee, an affidavit and proof of real names would be the way forward?

In the event that the court made the mistake, a simple letter to that court should be enough?
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Re: Procedure to correct names on Divorce.

Postby dls » Thu Mar 10, 2016 2:29 pm

I think you may very well find it rather more difficult.

There is a risk that if the decree absolute declares a particular marriage dead then it is exactly that marriage which is no longer - if that is not the one the parties wanted to bring to an end the way forward _may_ be to simpe do the whole thing again properly.

As I ay it may depend on just where the mistake crept in.
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Re: Procedure to correct names on Divorce.

Postby 3.14 » Thu Mar 10, 2016 6:11 pm

That is interesting since they both remarried and they relied on the Divorce Absolute (with misspelled names) without problems in the UK.
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Re: Procedure to correct names on Divorce.

Postby hellengeek » Fri Jun 17, 2016 10:09 am

Spam post deleted - DLS
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Re: Procedure to correct names on Divorce.

Postby atticus » Fri Jun 17, 2016 10:52 am

Oh look dls - a spammer. Do you want to have a word with the linked solicitors?
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Re: Procedure to correct names on Divorce.

Postby dls » Fri Jun 17, 2016 9:16 pm

Thank you. I will
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