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Acknowledgement of Service require EX's signature?

  • taken4aride
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06 Mar 08 #16027 by taken4aride
Topic started by taken4aride
I wonder if someone has the right answer as solicitors have conflicting advice:

My solicitor commenced divorce proceedings in 2007 for unreasonable behavior. My EX through his solicitors agreed to accept the petition if I paid half my own fees. My solicitors said it would be much quicker to accept the offer.

Subsequently, in July 2007, his solicitors acknowledged service on behalf of my EX. My solicitors said this is no good as EX must sign it or it will cause delays later on.
Since then, my EX has not signed the acknowledgement.

I received a letter from my EX's solicitors directly at the weekend saying that my EX need not sign the form and I should complete an affidavit confirming my petition?

I am now totally unsure what to do next as my solicitors will insist my EX signs the petition!

I am going round in circles! HELP!!!

Should I go back to my solicitors and get them to write a cross letter to his solicitors or tell my solicitors to get on with it? I am so confused - and as I have spent £2000 on solicitors fees getting nowhere, I want to target my reply effectively, so any advice would be greatly apreciated

  • dukey
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06 Mar 08 #16033 by dukey
Reply from dukey
Hello taken4ride

£2000 and still no service ouch i would question your sols worth

You have not recived service as the petition is not sighned therefore not legally binding.

Can you ask your x2b to sighn it if not have him served with the petition if after 8 days there is no service you can take further action.

dukey

  • attilladahun
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06 Mar 08 #16034 by attilladahun
Reply from attilladahun
The position is simple

You have evidence of service so you can apply for directions for trial- I suspect your solicitor is confused into thinking he needs to sign which IS the case in a case where either he has to admit adultery or agree to 2 years separation by consent

so get cracking!

  • taken4aride
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06 Mar 08 #16064 by taken4aride
Reply from taken4aride
Thank you for your replies dukey and atilladahun

My solicitor seems to go along with your suggestion dukey and wants another £1200 to progress the case i.e. get bailiff to serve petition and apply for form E.

H's solicitor wrote directly to me saying that this was all unnecessary which confused me somewhat. H's solicitors seems to agree with your interpretation atilladahun

Perhaps it is just open to interpretation and therefore this is just costing me a lot of money I haven't got:(

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