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 LexisPSL on 26/10/2016

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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?
  • Case study
  • Petitions for divorce
  • Cross-petitions

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?

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 necessary evidence.

Once a petition is served, FPR 2010, SI 2010/2955, 7.12 provides that an acknowledgment of service must be filed within seven days of the date of service. The acknowledgment of service must indicate whether the respondent intends to defend the case. A

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