Petition Over 20 Years Old

I recently submitted a request for Deemed Service using form D11 which I assumed would cost £58. I received a call from the court asking for a payment of £184. I had no option but to pay or be stuck in limbo. I then received a response from the court stating that without sight of the original petition they could not grant Decree Nisi and due to the age of the case the file and all corresponding documents had been destroyed. Is it not court procedure to pull files before the request is presented to the judge? Am I wrong in thinking I should never have been charged for the D11 if the court had destroyed my application? I was under the impression that there was no time limit to divorce proceedings. Should I have at least had the opportunity to present a copy of the original petition? Any help would be appreciated.

Unfortunately the Court is all too keen to charge a fee even if this is not appropriate.

In your case I'm not sure what the £184 related to and you will be hard pressed to find out unless you make a complaint.

It is policy to destroy files after a certain time and I must admit that I agree with the process as the prospect of records remaining open possibly after the death of both parties makes no sense.

However, you should respond to the court with copies of the documents you have as the decision they made would be based upon the assumption that no documents exist. You paid a fee and you are entitled to a service.

Charles

Thank you for your response Charles. I also thought I should be allowed to send a copy of the original petition but the ladies in "the office" have responded saying they cannot assist any further and I should seek legal advice. To whom should I address the copy of the original petition?..... and hopefully bypass the ladies in the office.

What evidence did you send with the application? Why has there been such a long delay in seeking the Decree Nisi?
I think part of the problem here is that there have been multiple changes to the administration of divorce applications in the past 20 years and the law itself has changed. If you'd already had the decree Nisi it would have remained extant. As you had only petitioned, it may have been allowed to lapse 'for want of prosecution '.
If there's no record of the petition at the court, you could just assume this is the case and make a new application under the no fault rules. Or you could formally withdraw the petition.
If you want/need to progress the divorce this may be the simplest approach.

Hadenoughnow