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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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need to ask about how to serve a divorce petition

Customer Question

need to ask about how to serve a divorce petition
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

-Could you explain your situation a little more?
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question I shall do my best to assist you.
Personal Service of a Petition is easy to arrange however this is only worth doing if the ground used is Unreasonable Behaviour
If you look on Yell.com for a Process Server/enquiry agent you will find a list of firms who can arrange this for your
I hope that this is of assistance to you, but please ask if you need further information.
Claire
Customer: replied 4 years ago.


the grounds are unreasonable behavior. The Court accepted mi petition he just will not sign it. He said he would not dispute it. When it is served does that mean I can go ahead and get a date? I found a process sever thank you. I have completed Form E what if he does not complete his in the timescale how can I move that part of he divorce forward?


 


thanks

Expert:  Clare replied 4 years ago.
Hi
First things first - get the Divorce Petition served on him as soon as possible.
The process server will complete a statement of service that you can send to the court and when 14 days have passed since your ex was served you will be able to apply for your Decree Nisi.
So far as the Financial side is concerned has a formal application actually been issued?
Claire
Customer: replied 4 years ago.

Thanks - just waiting for solicitor to return my documents.


1) I will serve petition on him


2) I have completed my form E


3) I will apply for my Decree Nisi


 


Information: we have no children. The marital home is in his name. He earns a lot. He is much younger than me, Short marriage only 6 years. He just ignores everything. If he does not produce hi Form E can I still go ahead. I am asking for reasonable maintenance pending the re-instatement of my army widow's pension which I lost on remarriage. I am living at my mother's home. I have some capital but this all I have to accommodate myself. He is 50 years old. Keeps promising to 'sort things out' but does nothing. There was abuse. I am worried about this. I want to get away from him.


I am educated to degree level I can cope with the forms just not sure of the timelines.


 


Thanks

Expert:  Clare replied 4 years ago.
Hi
Thats fine
I appreciate that you have completed a Form E - but has a formal financial application actually been made and a Court Time table established?
Claire
Customer: replied 4 years ago.

No -

Expert:  Clare replied 4 years ago.
Hi
In that case once you have served the Petition you need to complete a Form
A available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
and pay the fee of £240.
This will lock you into a Court timetable for the financial matters to be dealt with
If he does not file his Form E you will be able to ask for a Penal Notice to be attached so that he risks imprisonment if he continues to ignore the paperwork
I hope that this of assistance to you but please ask if you need any further assistance
Claire