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Ex has not acknowledged divorce papers

(8 Posts)
Tingatingatale Tue 16-May-17 19:23:33

Hi all

I filed for divorce at the end of April. Exh had until last week to send back acknowledgement of service. He hasn't. I have spoken to him and he intends to contest it and serve me papers instead. I am not sure whether he is bluffing. If he does that we end up in court and then can divorce each other. Will cost a lot more money and a lot of hassle.

Anyway had to do this please?

NooNooMummy Mon 22-May-17 00:07:56

You'll need to go for 'deemed service' instead. Get him to confirm what he said in writing. This will provide you with written proof that he received the papers. Obviously, don't tell him that this is why you want an email from him. You can then use this proof to apply to the court for "deemed service" ie as an alternative to him acknowledging service. ( I think it costs circa £80 to apply). Once the court has agreed to 'deemed service,' the process of divorcing him can then continue regardless of his lack of co-operation. I think it's quite rare for a valid divorce petition, that can be shown to have been served, not to proceed to decree nisi. But I'm no expert.

(My soon-to-be-ex wrote several outraged emails to my solicitor when he received my divorce petition. He said it was 'abusive' of me to 'pressurise' him into a divorce etc etc. He didn't return the acknowledgement of service. So my solicitor just used the emails to show the court that the papers had clearly been received by my ex. The time between decree nisi and decree absolute has also been pretty straightforward for me too - thankfully! - there's not much in the way of finances for us to fight about and he seems to have no interest in seeing our daughter. I have just a few weeks now til I get my decree absolute 😄). Good luck!

Tingatingatale Mon 22-May-17 09:26:16

Thank you. It's all been verbal and he won't confirm it in writing. I am seeing my solicitor this afternoon with a view to instructing a bailiff to serve the papers on him to prove delivery. I know that's going to cause an outrage though. No choice at this stage

NooNooMummy Mon 22-May-17 18:56:57

At least you might get a costs order in your favour. I got that. I'm not sure yet what it'll cover but at least he has to pay me for some of the costs I had to incur. Enforcing that order is going to be a struggle though....confused

Tingatingatale Sat 27-May-17 10:04:03

Yeah I have the costs order too. We will be selling the matrimonial home soon though so I'll tag it to my half.

I have instructed a process server no to serve him with the papers. Dreading the fall out

NotSuchASmugMarriedNow1 Sat 27-May-17 14:43:42

If you still in the same house as him can you not get up before him one morning and put the papers on his car seat. Make sure you look the house door when he leaves. At least for that day.

55kelly Wed 31-May-17 16:46:29

Hi i'm in the same position my ex never opens any mail, he won't communicate with me at all so i can only assume the papers have been delivered and he's ignored them. Do i have to try the balliff first or can i go straight to deemed service ( i don't have any evidence to prove he has the papers)

fantasmasgoria1 Fri 02-Jun-17 16:01:41

My husband was served papers twice and each time he did nothing I assume he binned them. My solicitor said that now the divorce would just go ahead as he had been given two chances. I didn't need to do anything and a few months later my divorce came through!

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