Step 4: Acknowledgement of Service
The role of the respondent in divorce proceedings is a limited one. In an undefended divorce it could even be said that it is nothing more than ticking boxes. It is the petitioner who wishes for the divorce, who starts proceedings, who must give the reasons for divorce and the evidence to support the facts. It is also the petitioner who will be responsible for the Court fees. The respondent on the other hand merely waits for the forms to be sent from the Court, checks that the information is correct and sends them back again. Only if the respondent disagrees with the contents or a suggested proposal will they be required to do anything else.
Completing the acknowledgment of service:
The acknowledgement of service is a simple, straightforward, question and answer form and is used by the Court to ensure that the respondent has received all the relevant paperwork agrees with the contents of the petition and if necessary the statements of arrangements for children. The respondent should complete the form with the petition and statement of arrangements open next to them.
For most of the questions the answer will either be yes, no or not applicable. Alternatively as in question 2 or 7(b) the respondent will be asked to enter the appropriate date. Again, in question 1B the difficult question of domicile and habitual residence is raised but, like the petitioner before, the respondent should merely enter the name of the country in which they spend most of their time, the one they consider home.
If attached, the respondent should consider the statements of arrangements for children carefully. If they do not agree with its contents then they may wish to file a statement setting out their position. If the statement of arrangements is completely contrary to their wishes and beliefs in what is best for the children of the family they should seek legal advice.
The respondent has eight days from the date they received the forms to complete and return the acknowledgement of service. They should diarise this date the moment they receive the petition. Before returning the acknowledgment of service the Respondent should ensure that he has signed and dated it as required.
If the acknowledgement of service is completed and returned to the Court, and the divorce is undefended, then the next step is for the Petitioner to ask the Court to consider whether:
- they have grounds for divorce, and if relevant;
- if the arrangements proposed for any children are satisfactory.
This step is called “applying for directions for trial.”
Defending the Divorce:
The question which will have the greatest effect on proceedings is number 5. If the respondent answers “yes” that they wish to defend the divorce, then proceedings may take a very different path. Divorces are very rarely defended, mainly because of the cost of defending a divorce and the fact that being a respondent in divorce proceedings no longer carries the stigma it once did. It is also the case that divorce is a very difficult thing to defend. The respondent will have to show that the marriage has not irretrievably broken down and/or that the reasons given in the petition are untrue. It will be time consuming, expensive and probably an ultimately futile task.
It should be noted that the fact that the respondent may answer that they wish to defend the divorce does not amount to a formal step towards defending the divorce. It merely means that proceedings will be held up by a period of 29 days from the date when they say they received the petition in order that they can file a defence (called an “answer”). If no defence is filed after the 29 days then proceedings will resume as normal. If a defence is filed then the petitioner should seek immediate legal advice. The petitioner should be aware that any co-respondent to the divorce proceedings can also file a defence should they wish. This is another good reason why the petitioner should think carefully before naming them in the petition.
The other answer which may cause delays is the response to question 1C relating to the jurisdiction of the Court. If the respondent answers “No” to the question “Do you agree with the statement of the petitioner as to the grounds of jurisdiction set out in the petition?” the court will let the petitioner know if it is necessary for them to attend court and see the judge. If this step is necessary then the petitioner should ask a solicitor to help.
Next Step - Step 5: Application for Directions
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