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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 11657
Experience:  Dual qualified Solicitor and Attorney
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Would she get documents to her email? Does she have to

This answer was rated:

Would she get documents to her email ? Does she have to answer to those documents ? And what will happen if she wouldn't answer ?

I think some of the information from your enquiry has been cut off, who is she and what is this concerning?

Customer: replied 15 days ago.
Its about my wife who lives in Poland.I was legally separated for 12 years and I would like to apply for divorce in U.K .Only divorce,no financial settlement or kids involved as my kids are adults.Previous solicitor has suggest online divorce so the questions You received are about it.

No she does not get documents via email but in hard copy. She has to acknowledge the documents, for the divorce to proceed. If she does not acknowledge you would need to apply to court for an order that she received them despite not acknowledging and then proceed with divorce. I trust this assists

Customer: replied 14 days ago.
if the respondent does not respond to the petition the service of the petition will have to be affected by a process server? Do I have to instruct the Polish court bailiff/process server and write the application to the U.K court for deemed service of the petition?

Yes exactly. I trust this assists

Customer: replied 14 days ago.
I have to instruct Polish Court by myself or U.K Court will do this for me after I will fill application for it?
You have to do it yourself. I trust this assists
Customer: replied 14 days ago.
Polish bailiff has to send confirmation to U.K Court that he did deliver documents to her?
Customer: replied 14 days ago.
Would be easier if she would have a solicitor in Poland? Could Court send documents direct to her solicitor rather than to Polish Court? Then her solicitor would deliver it to her and answer to U.K Court?

Yes that is right re baliff. Yes a solicitor in poland would be easier I trust this assists

Customer: replied 14 days ago.
Could Court send documents direct to her solicitor rather than to Polish Court? Then her solicitor would deliver it to her and answer to U.K Court?

Yes that is possible. I trust this assists

Customer: replied 14 days ago.
If I will apply for the divorce to the Court by myself would I have to also apply for decree nisi and decree absolute aswell ?
No you would not but realistically you cannot do it yourself. I trust this assists
Customer: replied 14 days ago.
I have been legally separated for 12 years so divorc

Yes I get that. I trust this assists

Customer: replied 14 days ago.
I was just thinking that after such a long separation divorce procedure should be easy.No financial order,no small children...So why realistically I could not do it by myself ? Is there anything I don't know about ?

If it is in the UK not too bad the issue is the whole situation in Poland, for example you need to get her to acknowledge the divorce papers, apply for service outside the jurisdiction at court and then proceed with the divorce process, consent order, clean break order all of which has to be drafted by you. I trust this assists

Customer: replied 14 days ago.
In Poland I have a solicitor which will take process of deliver documents for me.I am not applying for cl
Customer: replied 14 days ago.
applying for clean break

Ok sure, then yes go ahead and do it yourself. I trust this assists

Customer: replied 14 days ago.
When can I apply for civil partnership with someone else ? When I get decree absolute or I have to wait for some time ?
Once you have the decree nisi then you can apply for a decree absolute 6 weeks and 1 day after that. I trust this assists
Customer: replied 14 days ago.
I understand but I was asking when can I apply to be in civil partnership with my new partner.Steaight after I will receive decree absolute ?
No they have to be sent in the post that is why you need to apply for service out of the jurisdiction. Yes you can apply for the civil partnership as soon as you get the decree absolute. I trust this assists
Customer: replied 14 days ago.
I hope You have not enough of me :-) Many thank You for patience and help
Happy to help take care
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