My wife and I are seperated and we have agreed to divorce. She filed the petition with the court and went off to work abroad. I returned the papers to the court and have heard nothing for three months. Upon telephoning the court, I was informed that my wife's solicitors have not returned the 'acknowledgement'? papers. I am now left hanging in the wind.
Is there a time limit for the court papers, after which could I initiate my own proceedings? Or could I proceed anyway?
I am concerned at the lack of progress in this matter.
The AOS was returned on [date] and enquiries of the Court reveal that my wife has not applied for directions for trial.
You will appreciate more than most that any financial settlement that can be agreed with my wife cannot be approved until a Decree Nisi is made and so it is in both parties interests that progress is made.
I appreciate she is at present abroad, however, you should be able to contact her and get urgent instructions. To that end I believe it is fair to ask you to confirm that within 7 days you have sent to her the necessary affidavit prepared to swear and furthermore that by 4 pm [ a date 21 days time] you are able to confirm in writing that she has applied for directions for trial.
Please understand that if either of the above deadlines are NOT met I intend to issue an application to the Court to seek an order that my Wife's Petition is dismissed for "want of prosecution" and that the original marriage certificate be returned to me to facilitate the issue of Divorce Proceedings agaist her".
The application will incur me costs and so if the application is made whether or not an order is made (ie she then applies) I shall still seek the costs of and incidental to the application in any event.
To have to make tha application is a waste of the family's resources given the Court fee for the issue of the Petition will be wasted. Clearly, if the order to dismiss is granted I shall then forthwith file a divorce petition against my wife.