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Has he sent in the Acknowledgement of Service agreeing to the divorce?
If so apply for Directions for trial asap!!
If not wait 9 days and go to the Court and apply for an order of deemed service-a letter will suffice- it is not an application on notice
In addition you will write out an affidavit like this:-
IN THE X COUNTY COURT Case No:
A. Wife Petitioner
A Husband Respondent
I A Wife of 123 Any Close Anytown RF23 5ED MAKE OATH and say as follows:-
\"I am the Petitoner herein and make this affidavit in support of an order of deemed service.
On Monday the 18th February [or whatever date] my Husband received the Divorce Petition and he filled in the Acknowledgement of Service (AOS) he didn't object to the divorce.
Later in the day he told me he had changed his mind and for some reason he didn't like the Unreasonable Behaviour petition. I think he believes if he delays returning the AOS this will cause me more upset and distress.
In the circumstances I believe the Respondent is \"messing about\" and as such I wish to avoid delay and therefore seek an order of deemed service so I can proceed without further delay.
I ask the Court to grant the order sought and in the light of that consider granting directions for trial given the affidavit I have sworn in support\"
x County Court
this day of February 2008
Affidavit in support of divorce is here:
The application form for directions for trial is here:
Take app to Court who will attest you oath for free
Application will attract an £80 fee unless you are on legal aid and fees exempt
First Dim Wit will know is the DJ's certificate will be granted listing the Decree Nisi