Q&As

Can you rely on without prejudice correspondence as evidence of service of a divorce petition?

read titleRead full title
Copyright © 2025 LexisNexis
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 11 May 2018

A divorce petition may be served by way of personal service in accordance with Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.7, or by first-class post or other service which provides for delivery on the next business day in accordance with FPR 2010, PD 6A. Alternatively, where FPR 2010, SI 2010/2955, 6.11 applies (where the respondent has a solicitor acting for them and the applicant has been notified in writing that the solicitor is instructed by the respondent to accept service of the application), by way of document exchange. In the first instance, the petition will usually be served by first-class post along with an acknowledgment of service.

If the respondent files a completed acknowledgment of service, the petition will be deemed served (FPR 2010, SI 2010/2955, 6.15). If no acknowledgment of service is received, in order to satisfy the court that decree nisi should be granted, service

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Without prejudice definition
What does Without prejudice mean?

Communications between parties that form part of a genuine attempt to resolve a dispute, and which are expressed to be, or are by implication, made ‘without prejudice’, will be protected by without prejudice privilege.

Read more readmore

Popular documents

What is the procedure to withdraw a divorce petition that has already been served on the respondent? Will

What is the procedure to withdraw a divorce petition that has already been served on the respondent? Will the respondent be notified of any application to withdraw the petition and what does the court take into account in deciding whether the petition should be dismissed?Family Procedure Rules (FPR

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some