Categories
Children Consent Orders Divorce Divorce faq Divorce Grounds Financial Remedy Proceedings Prenuptial Agreements

Divorce Process Part 2: The Acknowledgement of Service Form

This is the second part in a four part review of the Divorce Process entitled The Acknowledgement of Service.

divorce-solicitors-croydon

This is the second part in a four part review of the Divorce Process entitled The Acknowledgement of Service. If you want an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.

Once a divorce petition has been filed at the court, it will normally be posted (or emailed) to the other spouse to the marriage. The spouse being divorced is referred to as the ‘Respondent’.

Along with the divorce petition, the court will also send the Respondent some other documents too called an Acknowledgement of Service Pack. One of those forms needs to be filled in by the Respondent, signed by them or their solicitor and returned to the court. This is now usually all done on the digital online portal.

The Respondent must respond to the court within 14 days of receiving the petition and they must also notify the court whether they consent to the divorce proceeding undefended.

At this stage in the proceedings the Respondent needs to consider their position very carefully because this may be the only opportunity the Respondent has to alter the direction of the divorce. If you want an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.

Considerations for the Respondent after receiving the Divorce Petition and Acknowledgement of Service Pack:

The Respondent should at this stage consider some of the following issues before returning the Acknowledgement of Service Form to the court:

1. Are you willing to agree to the divorce progressing on an undefended basis? In other words, do you contest the divorce as set out by the Petitioner or are you willing to agree to allow the Petition to proceed without you defending the suit?

In the huge majority of cases it is now no longer possible to defend a divorce. However; we deal with special situations, and there are still occasions when a divorce can be defended.

There are very strict timescales for doing this and in our experience most people get it wrong and miss the deadlines.

2. Who pays the costs of the divorce?

Under the new system of divorce, since April 2022, the person who issues the divorce petition pays the costs. However; both spouses can issue this together and split the costs 50/50 if they choose.

Remember though – we are only talking about the costs of the divorce. This is separate from any costs that may arise dealing with the finances of the divorce, the division of assets or disputes about the children. 

3. What happens about dividing assets and child custody

Any arrangements or disputes related to the assets of the marriage and dividing these on divorce are separate issues to the divorce petition. These will almost always need to be discussed with a specialist solicitor. If you want an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.

If there are children of the marriage and if there are disputes between the parents about crucial issues of the child’s life or care, then this is a separate matter altogether from the divorce. Disputes or arrangements regarding children are covered by The Children Act 1989.

Process

The respondent has 14 days from the date of receipt of the divorce Petition and the Acknowledgement of Service Pack to file the acknowledgement of service form.

If the Respondent tries to avoid the divorce petition or if you think that they would try to avoid it, you should speak with us before starting the divorce petition. There are some special and rather complicated rules setting out how these situations can be dealt with.

One of the complications that can occur for a Petitioner seeking a divorce cannot locate the whereabouts of the Respondent. This is crucial because a divorce petition must be served on the Respondent. If it cannot be served, then special rules exist about what must be done and you will almost certainly need an expert solicitor to assist at this stage.

If you want an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.

Frequently Asked Questions

I don’t agree with the ‘divorce petition’, What can I do?

Under the new rules since April 2022 it is generally not possible to defend a divorce in England & Wales. There are some very specific situations where a defence is possible, but you will need to speak with us if you think these apply.

For example, there may have been an earlier divorce in another country, or you might dispute the validity of the marriage altogether. We have had many cases where the marriage was never consummated or where it was not even a valid marriage to start with.

Do we have to live in separate addresses to divorce?

Generally speaking, no. You can live at the same address and still divorce in England & Wales

What happens to my rights to see and spend time with my children during and after divorce?

If there are disputes between parents about the arrangements after divorce for children, then that is a separate matter from the divorce itself. See our page on Children. If you are experiencing difficulties seeing your children whenever you want, an expert family law divorce lawyer will be able to help you – contact us or email us your questions.

We didn’t marry in the England, can we still get a divorce if we live here?

If you live in England or Wales, you can almost always petition for a divorce here, irrespective of where you married.

How & when do we divide our finances?

The procedure for dealing with the finances of the divorce used to be called Financial Remedy proceedings. It used to be called Ancillary Relief proceedings. See also Applying for Financial Remedy blog post.

It is commenced by filing at court a form called Form A. Once filed this starts off a new court process dealing with the finances and is effectively separate from the divorce matter in most respects. See our separate articles about Ancillary Relief for more details of this procedure.

If the Petitioner & Respondent have already agreed how they intend to split the matrimonial assets after the divorce, then they will require a Consent Order. Divorcing couples should be aware that NO agreement between them splitting their assets after a divorce is valid except a court order or a Consent Order.

Please note that you should never obtain a final order of divorce until you are certain that the issues of finances have been resolved. Otherwise there is a risk that you could lose out on some or all of your entitlement to a share of the assets.

If you want an expert family law divorce lawyer to protect you during marriage breakdown – contact us or email us your questions.

see also:

Comments are closed.