Once the person who is filing for divorce (the Petitioner) has lodged a divorce petition at Court it will be issued and given a unique case reference.
The Court will then send a copy of the petition to the other party to the marriage (the Respondent) along with a document called an Acknowledgment of Service.
The Respondent is required to complete the Acknowledgment of Service and return it to the Court within 7days of receipt. Amongst other things the Respondent will need to indicate that they have received the divorce petition, that they are the person named as the Respondent in the petition, whether or not they intend to defend the case and whether they object to paying the cost of the proceedings.
Defended divorces are very rare possibly due to the fact that if one party is claiming that the marriage has broken down irretrievably, it is clear to the Court that something is wrong. The cost of defending a divorce can often outweigh the benefit; litigation costs can be high and the prospects of successfully defending are slim.
However, the Defendant can defend if he so wishes and to do so he or she will normally return the Acknowledgement of Service confirming that this is their intention. The Respondent will need to file an answer (a defence to the petition) within 28 days of having received the petition. The Court will then fix a hearing and decide at that hearing how to proceed with the case.
If you have questions about responding to a divorce then you should contact our friendly and experienced family team on 02920 470909.