A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Wife refuses to repond to divorce petition

  • mousetrap
  • mousetrap's Avatar Posted by
  • Junior Member
  • Junior Member
More
10 Jul 12 #342394 by mousetrap
Topic started by mousetrap
Under English law

After trying 2 unsuccessful mediation attempts, where my wife did not turn up (or Even speak to mediator and many letters from my lawyer over 4 years asking if we could mediate and sort out a divorce, (as the marriage has been broken down from 8 years)

my wife ignored ALL letters

I finally submitted a divorce petition, she has but refuses to open it and refuse to respond and has said she will never cooperate.

What can I do now ? please help

  • wmorris2
  • wmorris2's Avatar
  • Premium Member
  • Premium Member
More
10 Jul 12 #342395 by wmorris2
Reply from wmorris2
Hello,

Is she saying why? I believe if you have the papers served on her then she is deemed to have accepted them. if she does not I also understand the divorce can progress. However I am sure one of the legal people will be along soon to confirm/deny

Will

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
11 Jul 12 #342412 by rubytuesday
Reply from rubytuesday
Wmorris is right - if she has refused or failed to return the Acknowledgement of Service to the court, you will need to get the Petition served on her by a process server, who will then report back to Court to confirm that she has received the papers. Apply to Court for Directions, and the Judge should allow the divorce to proceed as uncontested.

Its very frustrating when one party is digging their heels in and refusing to co-operate :(

  • mousetrap
  • mousetrap's Avatar Posted by
  • Junior Member
  • Junior Member
More
11 Jul 12 #342478 by mousetrap
Reply from mousetrap
Thanks for the response, I have asked her why, and she just ignores me, the mediator said she is out to destroy me :-(, and she has never met anyone so stubborn in her 7 years in the Job.

How long to I give her to response (I know she will never response) but I want to be seen as fair.

Jonathan

  • jonathancj
  • jonathancj's Avatar
  • Platinum Member
  • Platinum Member
More
11 Jul 12 #342482 by jonathancj
Reply from jonathancj
She has seven days to respond - it''s prescribed by the rules. If you look at your notice of issue which the court sent you to say that it had been issued, it will give the relevant dates. If it has been personally served on her, it''s seven days from the date she was handed it. If you want to be generous, give her 14 days and then apply for Directions for trial.

  • mousetrap
  • mousetrap's Avatar Posted by
  • Junior Member
  • Junior Member
More
23 Jan 15 #454401 by mousetrap
Reply from mousetrap
Hi Team,

As feedback to others

I know it a late reply.. but how I got to proving she had received the order, was via a process server.

Also I took photo''s of the documents in the house we both lived in.. showing that the documents had been delivered.

The process server took 3 attempts to get the papers to her, and turned up at 5.30 before she when to work...they only charge one cost, the process server then signs a affidavit to confirm the ex has received them, which is submitted to the court.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.