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Partner has not responded to petition for divorce

  • girluk
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7 years 3 weeks ago #409716 by girluk
Hello

I have applied for a dissolution of my civil partnership on the grounds of unreasonable behaviour (I was assaulted many times and my partner was arrested in 3 occasions) but my partner has ignored it and refused to sign the divorce petition sent by the court. I know from an email that she sent me a while ago that she received the documents from the court.

The court has sent me a document with 3 options as to what to do next but I don''t really know which one to go for. I would really appreciate some advice on this matter.

* If you do not receive a copy of the completed acknowledgment of service within 14 days from the date of posting you may:

A. Apply to the court bailliff to personally serve the petition . To apply you should send or bring to the court:

(a) Completed form D89("Request for bailliff service") which may be obtained from the court office.
...

or

B. Apply to the court without notice for the District Judge to consider whether the petition may be deemed to have been served in accordance with the Family Proceedure Rules 2010.

or

C. Apply to the court without notice for the District Judge to consider whether the directions should be given.


I appreciate any advice on this matter.


Thank you.

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7 years 3 weeks ago #409723 by girluk
Sorry, I don''t think I made myself clear.

If I go with options B or C, can the judge still grant me a Decree Nisi based on my petition for dissolution or do I still have to go through option A first before choosing one of the two options (B or C)?


Thank you

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  • .Charles
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7 years 3 weeks ago #409724 by .Charles
The court is only interested in ensuring that the respondent has notice of the proceedings. Once a judge is happy that the response is aware, the divorce can proceed.

If the bailiff successfully serves, this will be enough to prove service and move to the next stage.

However, if there is other evidence of service you can apply for deemed service e.g. by exhibiting the email from the respondent that confirms receipt of the petition .

The process is actually straight forward - it is the documentation that most people get tripped up on.

Charles

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  • u6c00
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7 years 3 weeks ago #409726 by u6c00
Hi

It might help you to read this forum post

There is actually a 4th option: you can use a process server to serve your ex personally. They often have greater success than a court bailiff . I understand that some do it on a no serve, no fee basis.

Deemed service is not a particularly easy process, and without very strong evidence it may be refused. An affidavit from a process server or bailiff that your ex has been served is good evidence.

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  • girluk
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7 years 3 weeks ago #409728 by girluk
Thanks Charles.

In case I use the email as proof that the petition was served, which option should I choose from the last 2? B or C?

Also, if the email is in a foreign language, should I pay someone to translate it first before sending it to court as evidence?


Thank you again. I appreciate it very much.

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  • .Charles
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7 years 3 weeks ago #409747 by .Charles
B. You are asking the court to recognise that the respondent has received the petition i.e. that it is deemed to have been served upon the respondent.

However, I don''t complete these forms - they merely travel in front of my eyes from time to time so I can''t help you with completion.

Charles

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  • girluk
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7 years 3 weeks ago #409751 by girluk
That is fine. I just wanted some advice on what direction to take.

I am comfortable with completing these forms.

Thanks again.

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