Q&As

If a respondent in divorce proceedings has filed a cross-petition, will subsequently filing an acknowledgment of service to the divorce petition out of time denying the allegations affect the respondent’s cross-petition?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 26 October 2016
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Case study

One party to a marriage (A) without the knowledge of the other party (B) filed a petition containing serious allegation against B, who,  being unaware of A’s petition then filed his own petition. Being unaware of A’s petition B did not file an acknowledgment of service indicating an intention to defend within the prescribed time limits. Can B file an acknowledgment of service out of time to say that he does not admit the allegations or would that void his cross-petition? Will B have to defend the original petition and seek to have his cross petition upheld?

Petitions for divorce

Divorce proceedings are commenced by filing a petition in Form D8. The petition must contain particulars which are sufficient to show why the applicant is entitled to a decree of divorce but but should be as concise as possible consistent with providing the

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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United Kingdom

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