No acknowledgement from co-respondent

This may be a slightly unusual question, but does anyone know what would happen in the following situation?

The Petitioner has named a co-respondent in the Petition. The co-respondent is based outside the UK and does not respond. The Petition was served on the co-respondent by recorded delivery. The respondent does acknowledge service, admits to adultery and does not defend the petition. The financial settlement is agreed, and the respondent has agreed to pay the petitioner's court and legal costs.

In these circumstances, would the court proceed with the divorce process notwithstanding the lack of response from the co-respondent?

I would have thought that the court would simply proceed, because if everything is agreed and the petitioner has no real interest in the participation of the co-respondent, nor in obtaining an order that the co-respondent pay the court costs, it would be a waste of time and money to chase the co-respondent.

Does anyone have any experience of or thoughts about this situation?

Many thanks in advance!

By proceedings with the Petition as it stands, the court is acknowledging the co-respondence as party to proceedings.

In my opinion, the court will insist upon proof of service on the co-respondent before allowing the petition to proceed.

The easiest course of action is to amend the petition to delete reference to the co-respondence and proceed with the adultery petition with the third party being unnamed.

Charles

Thanks Charles.

In this case service of the Petition was effected at the co-respondent's place of work by recorded delivery.

I am wondering if the court might take the view that the recorded delivery receipt would be proof enough, bearing in mind the other circumstances.

I certainly agree that the simplest course of action would be to amend the petition (of course, it would have been simpler not to bother naming the co-respondent in the first place!). But why incur the solcitors' costs of amending in a case that is otherwise all agreed?

Did the co-respondent sign for the recorded delivery? Did the court give permission to serve the co-respondent at a place of work?

Personal service is "proof enough" as the process server hands the documents to the recipient whom s/he identifies from information and/or a photograph and, if there is time, explains the purpose of the documentation. I say “if there is time” as it is not uncommon for the recipient to slam the door in the face of the process server.

You could chance your arm and submit the papers but there is a high risk that the application will be rejected on the basis there is no ‘due process’ relating to the co-respondent’s involvement.

Charles

Thanks again, Charles.

Actually, I am the respondent, so it would not be me submitting the papers, but my wife's solicitor.

I was very surprised that my wife's solicitor thought it sensible to name the co-respondent, given the circumstances - the co-respondent is based outside the UK and, as far as I can tell (we are not together) she is very unlikely to respond. I do not think the court granted leave to serve at the co-respondent's place of work, and I doubt that she signed for the recorded delivery. Personal service also seems an unlikely option, given that the co-respondent lives outside the UK.

My only concern is to resolve the process with the minimum cost and complication, and I do not know whether it is better to carry on, or to ask my wife's solicitor to re-file without naming a co-respondent.

Divorce is a legal process by naming a corespondent the solicitor has included that person as part of due process so failure to acknowledge service will mean the process goes no where, guidelines are clear the corespondent does not need to be named and should not in order to keep the process as amicable as possible, Charles is quite right the Petition should be amended.

Hi Pavlakos,

I do agree with the above posts in that, naming co-respondent in matrimonial proceedings takes longer especially if he/she do not agree to the affair.

If you wanted quicky divorce, you are able to request that the Petition be amended without the third party being named.

All the best
Fosters