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Decree Nisi evidence - marriage not consummated - annulment

  • Donz1977
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25 May 23 #521136 by Donz1977
Topic started by Donz1977
Hi
after some advice. My partner filed for an annulment after he found out his new wife had cheated. They never consummated the marriage and this was grounds for the annulment.

we are at the Decree Nisi stage and have received a letter saying the following…..Please note that the Deputy District Judge having considered the evidence filed, is not satisfied that the Petitioner is entitled to the decree sought, because:PetitionerRespondentCo-RespondentThere must be evidence of a proposal on the part of the Petitioner which was wilfully refused by the Respondent.Further detail is required to demonstrate this occurred.The Petitioner should deal with the above matters and renew the request for directions for trial.My partner is the petitioner. We are clueless to what they want. Any help appreciated !

thank you x

I

  • .Charles
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26 May 23 #521137 by .Charles
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In order to obtain an annulment based upon non-consummation the petitioner will have had to 'try' to consummate the marriage. If the petitioner tried but the respondent prevented the consummation that would be grounds for annulment.

How you are supposed to prove this now is difficult. I would imagine that the original application did not contain sufficient detail and the judge wants specifics in order to consider the matter afresh.

Charles

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