What if he doesn''t respond to divorce petition?

Hi,

My ex and I have been separated for 3.5 years.

He has verbally agreed that its time to divorce, and that we can do it on the basis of 2 years separation with consent .

I was wondering what the courts would charge me if i petitioned him and he failed to respond- would i have to pay that £340 again in 1.5 years time, when i don''t need his consent?

Obviously as a single mum, I''d rather not be paying out twice.

If anyone could help, it would be greatly appreciated...as i am under the impression his new partner is having a bit of an influence on him.

The current Petition will remain live until you dismiss or amend it. It is possible to amend but this can be messy.

If you withdraw the petition and start again, the court will charge you another fee which is likely to be more than £340 in 18 months time.

The problem , you will be unsurprised to hear is that you didn''t obtain a written form of consent to submit with the Petition. Currently, you are waiting for him to return the Acknowledgement of Service which will confirm his consent but if he doesn''t give consent, your petition will go nowhere.

You could amend the petition to cite grounds of unreasonable behaviour and seek costs from your spouse. If you forewarn him of this he may acknowledge the current petition rather than run the risk of having to pay your costs which will be limited to the court fees if you are acting in person.

Charles

What is the "written form of consent" that i need to hand in with the petition?

Your husband''s letter/form stating that he consents to your Petition based on 2 years separation.

Literally, your husband''s consent in written form!

Charles