Procedure following service of a petition for judicial separation

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

  • Procedure following service of a petition for judicial separation
  • Acknowledgement of service
  • Answer

Procedure following service of a petition for judicial separation

Acknowledgement of service

The respondent must file the acknowledgement of service (Form D10) within seven days beginning with the date on which the application for a matrimonial order 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), PD 6B sets out the extended periods of time for each country.

The acknowledgment of service must be signed by the respondent or the respondent's legal representative, or the co-respondent or the co-respondent's legal representative and include their address for service and, where it is filed by the respondent, indicate whether or not they intend to defend the case.

See Practice Note: Filing the judicial separation petition and supporting documents—Acknowledgement of service.

Answer

A respondent wishing to defend the petition must file and serve an answer within 21 days beginning with the date by which the acknowledgment of service is required to be filed. The answer is in a form prescribed by the rules, Form D8B, and is simply a defence to the petition. The answer must be verified by a statement of truth. The fee payable on filing an answer is £245.

The time limits should be

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