Q&As

Where in relation to a petition relying on two years’ separation and the respondent’s consent, the respondent signed a statement agreeing to a divorce which was attached to the petition but has not filed an acknowledgment of service, can the petitioner apply for decree nisi if the petition was personally served or would a signed acknowledgment of service be required? Is it appropriate in the circumstances to apply for deemed service?

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Published on LexisPSL on 11/05/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where in relation to a petition relying on two years’ separation and the respondent’s consent, the respondent signed a statement agreeing to a divorce which was attached to the petition but has not filed an acknowledgment of service, can the petitioner apply for decree nisi if the petition was personally served or would a signed acknowledgment of service be required? Is it appropriate in the circumstances to apply for deemed service?

A divorce petition cannot proceed, unless the court is satisfied that (inter alia) a copy of the petition (including any amended petition) has been duly served on every party required to be served (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.20(6)(a)).

There are specific rules for the service of applications for matrimonial orders and these are set out in Chapter 2 of FPR 2010, SI 2010/2955, Pt 6.

A divorce petition may be served by way of personal service in accordance with FPR 2010, 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 respon

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