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Clare, Solicitor
Category: Law
Satisfied Customers: 34888
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good afternoon, hoping that you can help. My partner left

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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
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?
Customer: replied 4 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.



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
Customer: replied 4 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?



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
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