| Introduction >> Dissolving The Marriage |
Step1:Petition For Divorce Step2:Acknowledgement Of Service Step3:Decree Nisi Step4:Decree Absolute |
| Step 2 | Acknowledgement Of Service | The spouse who receives the petition is referred to from this point on as the ‘Respondent’. They must acknowledge the petition. They choose whether to accept or contest the divorce and whether to admit to, or contest, the grounds stated. |
Overview:
The Respondent must acknowledge receipt of the petition by completing and sending (to the court and the petitioner) the acknowledgement of service form they have been sent. The main decisions at this point are: 1) Do you accept that the divorce should go ahead? Or do you wish to defend (prevent) the divorce? 2) Do you accept the grounds (reasons given) for the divorce? It is not uncommon for the respondent to object to the grounds given on the petition. However unless you have a very strong objection then in practical terms it is usual to not take the grounds to personally and to leave them as stated and get on with the process. 3) Are you prepared to accept and pay for the costs of the divorce? The general principles as to the costs of an undefended divorce are as follows – It is common for the petitioner to include a claim for costs in the divorce petition. Sometimes the claim is expressed to be effective only if the petition is defended. The respondent must use the Acknowledgement of Service to indicate whether a claim is accepted or disputed or limited to a specific amount. If the respondent rejects the claim for costs the petitioner must state in the affidavit in support of petition whether or not the claim is pursued. If the petitioner progresses the claim the judge will usually invite the respondent to attend the pronouncement of decree nisi to argue the point. If this is a significant issue the hearing may be adjourned to be dealt with when there is more time available. The costs in issue in the divorce proceedings are just the costs in relation to the divorce itself and not any correspondence concerning financial issues or children issues. It is unusual for the costs of an undefended divorce to exceed £800 and is often less. Once you have decided on each of the above three items, then you complete and return (to the court) the acknowledgement of service. |
Process:
The respondent receives a copy of the divorce petition and the statement of arrangements for children and other formal documents including the Acknowledgement (a form acknowledging the service of the petition). There will probably be between 7 and 10 days between the petitioner filing the petition and the respondent receiving formal service. The respondent has 14 days from the date of receipt of these papers in which to file the acknowledgment and 14 days thereafter (if so advised) to file an answer if he or she intends to defend. If the respondent does not file his acknowledgement (which is relatively rare) the petitioner must either prove service by some other means or arrange personal service. Personal service will be effected by a court bailiff or a process server, not the petitioner. |
Frequently Asked Questions:
Should I defend the petition? The main reason to defend the petition is if you do not wish the divorce to go ahead, or if you strongly object to the reasons (grounds) given by your partner. If you accept that divorce is inevitable, there is little point in fighting the divorce petition, even if you disagree with some of the ‘unreasonable behaviour’ cited. Courts will these days accept grounds which are less confrontational (such as workaholic, or lack of attention) so there really is no need to list exaggerated/extreme behaviour. You could negotiate with your ex for her to amend the petition to list behaviour examples that you find “acceptable”. In adultery cases the petitioner can either say the adultery occurred with an un-named person or they can name the person as a co-respondent. (This is less common these days as it causes friction and serves little practical purpose). It doesn’t have a great impact on the process or the finances. The court is really only concerned with the parties to the marriage. |
Useful resources for this step:
{xtypo_info} Information Leaflets for Acknowledgement Of Service {/xtypo_info} {/xtypo_download} |
