Family Law Matters

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    Jo-spain-colour-100x100Jo Spain is a family law solicitor and Director.

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I want to get divorced but my other half will not sign the Acknowledgement form in relation to the Divorce Petition. What can I do?

by Jo Spain, family law solicitor

If you are divorcing on two years separation then the other person has to consent. Alternatively if you wish to go ahead with adultery then the simplest way to proceed is that the other person admits adultery. In both of these cases they would need to sign the forms sent from Court. However if it is an unreasonable behaviour Petition then there are a couple of ways of getting round this if they refuse to sign.

One option is to have either a Court Bailiff or a Process Server serve the papers on them. They will then swear an Affidavit to say that they have served the papers and this means you can apply to the Court for ''Deemed Service''. You can then proceed with the Divorce without them ever having signed anything. Alternatively if they tell you or someone else that they have had the papers then you can swear a Statement saying that they told you this or told a third party and the Court can then deem service. In both of these situations the Court would allow you to proceed with the Divorce without your other half signing the necessary paperwork.

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