Defended suits—judicial separation
Defended suits—judicial separation

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Defended suits—judicial separation
  • Acknowledgment of service
  • Who can file an answer
  • Contents of answer
  • Time for filing and service of answer
  • Request for further information
  • Directions for trial
  • Consideration of the arrangements for the children of the family
  • Notice to admit facts
  • Case management and evidence
  • more

Acknowledgment of service

The respondent must complete and return the acknowledgement of service within seven days beginning with the date on which the petition was served. That period of time is extended if the petition is being served out of the jurisdiction. The table in the Family Procedure Rules 2010 (FPR 2010), Practice Direction (PD) 6B sets out the extended periods of time for each country.

Who can file an answer

A party wishing to defend judicial separation proceedings must file an answer. It must be in the prescribed form and within the required time limit: within 21 days beginning with the date by which the acknowledgment of service is required to be filed.

Note that with effect from 7 August 2017, the Family Procedure (Amendment No 2) Rules 2017, SI 2017/741 amend FPR 2010, SI 2010/2955, Pt 17, to require a statement of truth to be included in an application for a matrimonial or civil partnership order, or an answer to such an application (with transitional provisions). The new Form D8B can only be used from 7 August 2017 and must be used from 4 September 2017.

A respondent or co-respondent must file an answer to the petition if they wish to defend the petition or to dispute any of the facts alleged in it.

The Law Society's Family