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.


Divorce Petition

  • worrier1
  • worrier1's Avatar Posted by
  • Premium Member
  • Premium Member
More
01 Sep 12 #353220 by worrier1
Topic started by worrier1
Hello,

Can anyone help answer these questions please?

My stbx has still not responded to the divorce petition. It was supposed to be completed at least 6 weeks ago. How many days does it have to be before my solicitor can issue stbx with a Court Order? Also, if my stbx is issued with a court order, does this mean that stbx will have to pay all of my court costs?

Thanks

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
01 Sep 12 #353239 by LittleMrMike
Reply from LittleMrMike
First question is whether he has acknowledged service.

Has he ?

  • worrier1
  • worrier1's Avatar Posted by
  • Premium Member
  • Premium Member
More
01 Sep 12 #353252 by worrier1
Reply from worrier1
Do you mean has he received the Petition? If so, yes.

I know this much as stbx''s solicitor has written to mine and stated that they are acting on stbx''s behalf and are acknowledge Petition.

  • worrier1
  • worrier1's Avatar Posted by
  • Premium Member
  • Premium Member
More
01 Sep 12 #353253 by worrier1
Reply from worrier1
stbx has not been served with papers (petition) if that is what you mean!!

Sorry i am trying to understand all the legal terms!

Thanks

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
01 Sep 12 #353280 by LittleMrMike
Reply from LittleMrMike
If the Petition has been acknowledged by the solicitors that should suffice.

As far as the divorce itself is concerned, provided the respondent has not given any intention to defend, and a period of seven days after service has elapsed, you can lodge a request for Directions, which asks for the cause to be put on the Special Procedure List.

You also need to serve an affidavit containing proof of the fact(s) relied on and other essential matters.

If you intend to claim a financial order the first step is to lodge Form A at Court.

LMM

  • worrier1
  • worrier1's Avatar Posted by
  • Premium Member
  • Premium Member
More
01 Sep 12 #353297 by worrier1
Reply from worrier1
Hi,

My solicitor has only ever had one letter from stbx solicitor acknowledging receipt of Petition, nothing else.

I can only assume that stbx does not have any intention to defend it.

Thank you very much for your answer, i am very grateful.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
01 Sep 12 #353298 by dukey
Reply from dukey
After six weeks there is a problem, seven days is the time give to acknowledge after that you can have your ex served, once done this allows your solicitor to proceed to Directions for trial.

Best ask your solicitor to confirm no acknowledgment of service was received by court, if not then its time to deem or dispense with service.

This can be expensive so ask first what it will cost.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11