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.


Plz Need Advice ifeel lost

  • MaryBerrada
  • MaryBerrada's Avatar Posted by
  • New Member
  • New Member
More
14 Dec 07 #9012 by MaryBerrada
Topic started by MaryBerrada
iam filing for divorce , my solicitor has instruted the baliff to go to my husband . he did but the problem now is the baliffs didnt find him at his home and my husband said that he will not accept the acknowlegement of service ,so what will i need to do now?

Thanks

:(:(:(

  • WornOut
  • WornOut's Avatar
  • Senior Member
  • Senior Member
More
14 Dec 07 #9013 by WornOut
Reply from WornOut
Do you have any evidence that your husband has actually received the Petition that was POSTED to him?

My ex-husband has obstructed the divorce process every inch of the way and it took 5 months for him to sign the AoS and return it. In the interim period he "vehmently denied" one of the items on the Petition and said (through his solicitor) that he wouldn't return the AoS unless I withdrew my application for costs.

My solicitor advised that he had acknowledged receipt of the Petition by (1) making reference to one of the sections and (2) the AoS, by saying that he was holding it to ransom. Her next step was going to be to apply to the court, asking that it take (1) and (2) as evidence that the ex had actually received the petition. Once the court confirmed acceptance, then the process would have continue as if he had returned the AoS. I've trawled through my documents, but unfortunately can't find the relevant piece, so I can't give you the correct terminology.

If you haven't got anything to prove that he has received the Petition and you're unable to take the path I almost took, don't despair. The Bailiff doesn't have to catch him at home, the petition can be served ANYWHERE e.g. at the gym, down the pub, outside the workplace. If there is any place, day and time that you can virtually guarantee he will be there, the Bailiff can slap it on him!

As I said earlier, my ex has obstructed every inch of the way but I eventually got my Absolute

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
14 Dec 07 #9016 by attilladahun
Reply from attilladahun
The answer is Court Bailiffs are hopeless at "getting their man"

Either have a private invesigator turn up to his work or wherever he is to hand it to him

9 days later if he has not filed the Acknowledgement of Service (AOS) you press on applying for directions for trial and attach to your affidavit in support evidence of service.

The Court then allow you to proceed.

If there is evidence he has had the Petn ie he has told you things that only he would know from the P an application for deemed service can be made supported by sworn evidence as to how you know he has had the same.

If he is evading service and you know of a way a Pet will come to his notice eg service on him via parents etc apply for an order of substituted service..in rare cases the Crt can order a notice is put in the local paper if it is known it will likely reach his attention.

  • MaryBerrada
  • MaryBerrada's Avatar Posted by
  • New Member
  • New Member
More
14 Dec 07 #9050 by MaryBerrada
Reply from MaryBerrada
Do you have any evidence that your husband has actually received the Petition that was POSTED to him? ======> yes he told me that he did receive it.

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
14 Dec 07 #9055 by attilladahun
Reply from attilladahun
Simple then you swear an affidavit attesting to that conversation and apply for an order of deemed service

Happy days

Delay over!

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
14 Dec 07 #9056 by attilladahun
Reply from attilladahun
Simple then you swear an affidavit attesting to that conversation and apply for an order of deemed service

Happy days

Delay over!

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
14 Dec 07 #9057 by attilladahun
Reply from attilladahun
Simple then you swear an affidavit attesting to that conversation and apply for an order of deemed service

Happy days

Delay over!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11