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: 34581
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 and 2 other Law Specialists are ready to help you