This Quick Guide does not constitute legal advice and is for information purposes only.
STAGE 2: The Acknowledgement of Service
Once the Divorce Petition has been issued by the Family Court, the Respondent (i.e. your spouse/civil partner) will be sent a form called an Acknowledgement of Service.
In most cases the Respondent will sign and date the Acknowledgement of Service and return it to the Court.
However, if the Respondent ignores or refuses to deal with the Acknowledgement of Service, there are potentially a number of ways of resolving the matter:
1. If the Respondent ignores the Acknowledgement of Service and you have no proof at all that he or she has received it then you can apply for it to be personally served (i.e. delivered) by a court bailiff. This application can be made via form D89 (available here). The court fee in respect of the D89 bailiff service application is currently £110.
2. If the Respondent has had sight of Acknowledgment of Service and you have some sort of proof that this is the case (e.g. an email from the Respondent saying something like 'I've seen the divorce papers and I've put them in the bin') then this can potentially be used to prove that service has been effected (i.e. to show that the Respondent has received the Acknowledgement of Service.)
An application for deemed service can be made on form D11, available here (this is a general form used in divorce proceedings). You will need to enclose the proof you have (e.g. a printout of an email, etc.) and a statement of truth (the statement of truth is incorporated in the D11 and is not a separate form). A fee may also be payable in respect of the application.
3. If you have made a number of attempts to serve the Respondent with the Acknowledgment of Service, but have received no adequate response, then an application to dispense with service can be made on form D11 (available here). The application must also be accompanied by a Statement in Support of a Request to Dispense with Service on form D13B (available here). A fee may also be payable in respect of the application.
STAGE 2: The Acknowledgement of Service
Once the Divorce Petition has been issued by the Family Court, the Respondent (i.e. your spouse/civil partner) will be sent a form called an Acknowledgement of Service.
In most cases the Respondent will sign and date the Acknowledgement of Service and return it to the Court.
However, if the Respondent ignores or refuses to deal with the Acknowledgement of Service, there are potentially a number of ways of resolving the matter:
1. If the Respondent ignores the Acknowledgement of Service and you have no proof at all that he or she has received it then you can apply for it to be personally served (i.e. delivered) by a court bailiff. This application can be made via form D89 (available here). The court fee in respect of the D89 bailiff service application is currently £110.
2. If the Respondent has had sight of Acknowledgment of Service and you have some sort of proof that this is the case (e.g. an email from the Respondent saying something like 'I've seen the divorce papers and I've put them in the bin') then this can potentially be used to prove that service has been effected (i.e. to show that the Respondent has received the Acknowledgement of Service.)
An application for deemed service can be made on form D11, available here (this is a general form used in divorce proceedings). You will need to enclose the proof you have (e.g. a printout of an email, etc.) and a statement of truth (the statement of truth is incorporated in the D11 and is not a separate form). A fee may also be payable in respect of the application.
3. If you have made a number of attempts to serve the Respondent with the Acknowledgment of Service, but have received no adequate response, then an application to dispense with service can be made on form D11 (available here). The application must also be accompanied by a Statement in Support of a Request to Dispense with Service on form D13B (available here). A fee may also be payable in respect of the application.