QLD Name Spelt Incorrectly - Will Divorce be Approved?

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Kez26

Active Member
15 May 2017
9
1
34
My husband filed as a sole applicant for divorce. I was served the papers. The court date is stated on the papers. I believe I do not need to attend. Husband has ticked he will be attending court. I then get a letter in the mail...saying my name is incorrectly spelt. Upon looking at papers again ...this is correct - my first name is spelt incorrectly as the last letter is missing.

This error occurs on first page and last page, however is correct throughout the rest of the document. Would the approval of divorce be denied if this is not corrected? Who needs to correct it?

I do not see why I should have to spend money and time to correct his mistake. I do believe this may have been done intentionally to cause me hassle. What should I do?
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Provide a copy of the letter to the hubby with a letter from you informing him that the court has notified you of the mistake and ask him to rectify it.

So guess what - people make mistakes - so there is a silly thing called Hanlon's law - look it up.... If something happens and there is a chance it was a mistake and there is a chance it was malice - chances are it was just a mistake.

Story time - my ex refused to sign for a joint application because I had the date wrong. My date was 14th August - the day I left the house... She reckons it was the 12 of August... So she refused to sign. All of this caused stress.

I re-did the paperwork which took time - got my solicitor to look over it which cost money - and after all that she still would not sign because she remembered she was Catholic... Hadn't been to church in years but somehow that fact meant she would not sign - Now none of this was malice - it was stupidity...

So if it is a problem - file for divorce yourself - pay the fee yourself, waste time on the paperwork yourself. Or realise it was probably just a silly error. Maybe you could even get a stat dec written up saying you're aware of the mistakes and that it is OK... Or ask him to look into what needs doing to get the divorce finalised....

Oh one more thing - the letter they sent - saying there was a mistake, did it have any instructions on what you need to do? Follow the instructions
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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514
2,894
Gold Coast, Queensland
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Inform the court. Even should an order ultimately come out without the correction changed, there's a "slip rule" that allows Registrar's correct minor errors such as typographical ones (Rule 17.02).
 

Kez26

Active Member
15 May 2017
9
1
34
provide a copy of the letter to hubby with a letter from you informing him that the court has notified you of the mistake and ask him to rectify it.

So guess what - people make mistakes - so there is a silly thing called hanlon's law - look it up.... If something happens and there is a chance it was a mistake and there is a chance it was malice - chances are it was just a mistake..

Story time -My ex refused to sign for a joint application because I had the date wrong. My date was 14th August - the day I left the house... She reckons it was the 12 of august... So she refused to sign. All of this caused stress. I re-did the paperwork which took time - got my solicitor to look over it which cost money - and after all that she still would not sign because she remembered she was Catholic... Hadn't been to church in years but somehow that fact meant she would not sign - Now none of this was malice - it was stupidity...

So if it is a problem - file for divorce yourself - pay the fee yourself, waste time on the paperwork yourself. Or realise it was probably just a silly error. Maybe you could even get a stat dec written up saying you're aware of the mistakes and that it is ok... OR ask him to look into what needs doing to get the divorce finalised....

Oh one more thing - the letter they sent - saying there was a mistake, did it have any instructions on what you need to do? Follow them instructions
Your first paragraph was helpful. Thank you
 

Kez26

Active Member
15 May 2017
9
1
34
yep actually Rob/s advice is heaps better than mine.
Thanks for replies. I managed to ring 1300 number and have the forms for changing name and form response to divorce. Only need a jp to witness. And then can post them in. Because I'm only making them aware of the incorrect information and not appossing the divorce...this will be all I need to do.
 

SamanthaJay

Well-Known Member
4 July 2016
335
55
794
I know you've sorted this out but just curious if your ex did the paperwork or his solicitor? If it was him, yeah, you'd think he'd know how to spell his wife's name but if it was his solicitor then I can tell you that nothing surprises me in this regard. The letters and documents I've had from mine and my ex's solicitors have had atrocious mistakes in them. Grammar, spelling, punctuation, the facts of which they only had to copy type etc. In one affidavit, my name and his was spelt differently on nearly every page. Before I had kids I worked as a secretary in a legal firm and there was no tolerance for sloppy work like this. It's their job to get things right and their bosses obviously aren't checking the work before it goes out. With my own solicitor I can see where the problem lies - law students are used to do this work as part of their work experience. With my ex's solicitor, I'm not sure where the problem is because it's a large firm where I imagine each partner and associate would have their own secretary or a central word processing team taking care of this stuff.

I don't think there is any excuse for it, especially these days with spell and grammar check on software programs.
 

Kez26

Active Member
15 May 2017
9
1
34
I know you've sorted this out but just curious if your ex did the paperwork or his solicitor? If it was him, yeah, you'd think he'd know how to spell his wife's name but if it was his solicitor then I can tell you that nothing surprises me in this regard. The letters and documents I've had from mine and my ex's solicitors have had atrocious mistakes in them. Grammar, spelling, punctuation, the facts of which they only had to copy type etc. In one affidavit, my name and his was spelt differently on nearly every page. Before I had kids I worked as a secretary in a legal firm and there was no tolerance for sloppy work like this. It's their job to get things right and their bosses obviously aren't checking the work before it goes out. With my own solicitor I can see where the problem lies - law students are used to do this work as part of their work experience. With my ex's solicitor, I'm not sure where the problem is because it's a large firm where I imagine each partner and associate would have their own secretary or a central word processing team taking care of this stuff.

I don't think there is any excuse for it, especially these days with spell and grammar check on software programs.
My husband had gone to solicitor/lawyer and got papers drawn up as 'joint' applicatiants. Not a word was spoken to me about it. Just came in mail. His lawyer wrote a letter attached saying 'should I be willing to sign these papers he is prepared to pay the fees'. This i did not believe and knew if I sign as 'joint' applicant i would be paying half. It was then that I noticed dates incorrect. I sent the lawyer back a letter stating very clearly the 3 mistakes in the dates and my employment details also child support arrangements. Also should 'his client actually be prepared to pay the fees, it is he who has to file as 'sole' applicant, , which I'm sure your well aware'. The lawyer and husband are both at fault. I'm not sure but husband would of had to have checked the paperwork as he did sign them as true and correct. Just another way for causing non smooth running of documents ....not first time ...and i doubt be last with dealing with his ways.
 

SamanthaJay

Well-Known Member
4 July 2016
335
55
794
ahhh, I'm sure you've had lots of experience with his ways over the years! Glad you're standing your ground.