Incomplete Acknowledgement of Service (Adultery)

I’ve received the Acknowledgement of Service forms D10(a) and D10(2) completed by the Respondent (my husband) and the Co-Respondent but one form is incomplete. The Co-Respondent has not answered question 5 on the D10(2) “Do you admit the adultery alleged in the petition?”, nor has she signed the form…

Not sure what to do now:
- Does it matter that she hasn’t answered that question when my husband has admitted the adultery on his form?
- Is the form “invalid” because she hasn’t signed it?
- Could I omit the D10(2) form from the Co-Respondent even though I named her in the Petition (surely the important thing is that my husband admitted adultery)?
- Am I allowed to return the form directly to her to complete? But then it wouldn’t match the copy the court have…
- Would the court have checked the forms and returned to Co-Respondent if not satisfied, or do they just send them on without checking?
- Or must I just go ahead and submit these together with D80 and D84 forms applying for the Decree Nisi although the D10(2) is incomplete? Are they not bound to be returned by the court and I have to re-submit and pay an extra fee?

I really don’t know how to progress and desperately hope there’s someone out there that can offer advice, thank you!

PS. Neither of them are intending to defend the case.

Firstly naming the co-respondent is never wise, almost always causes trouble.

Right now the judge has not looked at the paperwork, that wont happen until you complete D84 and D80, once you have the judge will throw it all back, no admission not signed, and this assumes you have made no mistakes of course.

Hi Winter,

Welcome to Wikivorce!

I note you''ve posted under DIY Divorce, maybe a Solicitor would have foreseen the difficulties of naming the Co-respondent and recommended that you don''t go down this route.

As your stbx is admitting the Adultery, this is all that would be needed to get the divorce, because of the emotions and betrayal the naming and shaming feeling is strong and the problems you are now encountering are probable with naming a co-respondent.

It may be possible to amend the Petition to ''un-named''?

In the long term you get what you want - a divorce - the way you are going could create longer emotional and financial upset the longer its dragged out.

Save your energy for the financial division negotiations.

WR