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Clare, Solicitor
Category: Law
Satisfied Customers: 35214
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have sent a divorce petition...divorce grounds are

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I have sent a divorce petition...divorce grounds are separated for more than 2.5 years... He was in agreement at the time. He has now ignored the petition... can I still serve with court bayliff... Under these terms...if he ignores again is that classed as in agreement.?

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Did he confirm his consent in writing before you issued the Petition?

Customer: replied 1 year ago.
No only verbal... he is now living with someone else.. I only want one of advice not pay for a monthly subscription.. is that ok?
I'm unsure whether to pay for court bayliff... or what my options are as im a student...
Customer: replied 1 year ago.
I know when you file under this criteria both have to be in agreement... I've no solicitor as no financial settlement...children are I older now too... Please advice what my options are.. or have I just wasted court fee of £550 ?

Given that you have nothing in writing confirming his consent there is no point in instructing the bailiff - you need to prove his consent and arranging for personal service will

not do this.

What you need to do is inform your ex that if he does not return the Acknowledgement of Service and Consent to the divorce then you will amend the Petition to one based on his Unreasonable Behaviour and that you will claim costs.

If after three weeks he has still not signed it then you will have to apply to the court for permission to amend the Petition.

You will have to cross out the Two year consent grounds and add in the Unreasonable Behaviour grounds and underline all the new change sin red - including the new date and signature and pay a £95 fee.

It is worth arranging for Personal service of this as with this ground all you have to do is prove that the other party has seen it

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thankyou yes that makes sense.. but the petition was sent on 28th April... The time has lapsed to return it? Can I still ask him to sign and return it??

Yes there is no problem with the delay

Clare and other Law Specialists are ready to help you