How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Good afternoon, hoping that you can help. My partner left

Resolved Question:

Good afternoon, hoping that you can help. My partner left his wife in June 2011 and applied for a divorce in October 2013. His wife has received the petition but has not returned the acknowledgement of service. He has spoken to her six or seven times asking her to return the form. She has said that she wishes to seek legal advice however then has different excuses for not doing so, she's tired, lawyer is on holiday, etc., etc..
What I would like to know is what is the next step? Of the three options offered on the petition it appears that the option of applying to the court without notice for the District Judge to consider whether the directions should be given is the best one. However I'm not sure if that is the next step? And how to go about it. Any advice would be very gratefully accepted.
Kind regards
Jill Borejszo
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which ground is the Petition based on?
Clare
Customer: replied 3 years ago.

Grounds that the marriage has broken down irretrievably and the parties have lived apart for a continuous period of at lease two years.


Jill


 

Expert:  Clare replied 3 years ago.
Hi
Then I am afraid that there is no application that can be made to progress the matter - his ex has to agree for the Petition to go ahead and that agreement has to be in writing.
If she continues to prevaricate then his only option is to apply to the court to amend the Petition to one based on his ex's Unreasonable Behaviour
With that one all he has to do is prove that the papers have been served on her
It is possible that threatening to do this may be sufficient
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare


Thank you. I have just spoken to my partner and he has said that he will call her and advise her of what you have just stated - hopefully that will get her moving.


Before I sign off, a quick couple of questions if you don't mind ...


If he does amend the petition does that mean re-applying and paying the £410 again or is it just applying for an amendment?


She has previously stated that she agrees to the divorce however wants to sort the financials out. I was led to believe that that is separate to the actual divorce / divorce petition. i.e. that she is not agreeing to any financial agreement simply by returning the acknowledgement of service. Is that correct?


Does it matter that the acknowledgement of service is returned late?


Regards


Jill

Expert:  Clare replied 3 years ago.
Hi
There is a fee to amend - but not £410
It is sensible to work the financials out prior to the Decree Absolute but failing to sign the Acknowledgement is in no way related to that
It does not matter when the Acknowledgement is returned
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice