If you are the respondent to the divorce you will receive a copy of the divorce petition, a copy of the statement of arrangements for children form (if applicable), an acknowledgement of service form (which you must complete and return to the court) and a notice of proceedings, which explains what you must do. Read the notice before completing the acknowledgement form – this will tell you, amongst other things, how long you have to complete the acknowledgement and return it to the court (usually eight days, including the day of receipt, unless you live abroad). Do not delay returning the acknowledgement as this can add to the costs (as the notice states), as the petitioner may then go to the expense of proving service – see above.
unreasonable behaviour, it will look like the example in Appendix 1. If it is on a separation basis, it will include other questions, as mentioned below, and the numbering of the questions will differ from the numbering in the example, and those used below. As will be seen, the acknowledgement is essentially in a simple question and answer format and most of it is quite straightforward to complete, but certain sections can cause difficulty so the sections are explained below. Note that it should be completed using black ink.
All forms of acknowledgement include questions 1, 1A, 1B and 1C. Obviously, question 1 should be answered ‘Yes’ – if you have not received a copy of the petition, then request this from the court. As to question 1A, you can complete the requested details, but if you want the divorce to be dealt with in another country then you should really seek legal advice, as this can involve complex issues of law that are beyond the scope of this BLOG. For help in answering questions 1B and 1C, see above regarding completing paragraph 3 of the main body of the divorce petition.
Questions 2 and 3 should be completely straightforward – the date you put in the answer to question 2 determines how long you have to complete the acknowledgement and return it to the court, as mentioned above.
Question 4 is the most important in the acknowledgement, where you state whether or not you intend to defend the divorce. If you are minded to defend, then first read the section below on defended divorce and cross petitions. If you do want to defend, then answer ‘Yes’. If you do not wish to defend then answer ‘No’. In a divorce based upon unreasonable behaviour, you may not want to defend but you may take exception to the allegations of your unreasonable behaviour in the petition. If these are not too
serious, you can answer something like ‘No, but I do not accept the allegations of unreasonable behaviour’, in order to reserve the right to object to those allegations, should the petitioner try to use them in connection with matters relating to children or finances. If the allegations are serious, for example they specifically include allegations of unreasonable behaviour towards the children, or if they allege that you have committed a serious criminal offence, then you should consult a solicitor, as you may need to defend the divorce, unless the petitioner agrees to amend the petition (see below) by deleting the allegations.
Question 5 relates to adultery divorces only (it can be ignored otherwise) and is where you state whether or not you admit the adultery. Obviously, you can only admit it if you have committed it – don’t be tempted to admit adultery that hasn’t occurred, just to get the divorce through. Hopefully, the issue will have been sorted out with the petitioner before the proceedings were issued (see the sections above on the Ground for Divorce and Before Filing with the Court) but if it has not be aware that admitting adultery is likely to make you liable to pay the petitioner’s costs, if they have included a claim for costs in the petition. If this is the case, you may wish to write to the petitioner or their solicitor, informing them that you will only admit the adultery if they drop their claim for costs (make sure the letter is headed ‘without prejudice’), as they will usually only be able to prove the adultery (and therefore proceed with the divorce) if you admit it – be aware, though, that the petitioner could then amend the petition to the basis of unreasonable behaviour, so as to be able to claim their costs.
Unless the petitioner has not included a claim for costs in the
petition (see the section above on the prayer in the petition – if
there is no claim simply answer ‘not applicable’), or the issue of
who will pay the costs was agreed before the proceedings were commenced (in which case, answer appropriately, for example, ‘I agree to pay the petitioner’s costs, limited to £500 including VAT’).
Question 6 does require some explanation. Costs orders are made against the party who is found to be at fault for the breakdown of the marriage. Accordingly, if the divorce is based upon your adultery or unreasonable behaviour, then you are likely to have a costs order made against you. It is therefore pointless to say anything in the answer to this question that is not relevant to the issue of fault, such as that you didn’t want the divorce or that you can’t afford to pay (although this may be relevant to the amount of the costs and the time you are given to pay). Generally, the best you can say is that the breakdown of the marriage was the petitioner’s fault or equally their fault. If you do object to paying the costs, then, if the petitioner still proceeds with their claim (see the next section), the court will usually do one of three things: make the order (most likely), make no order, or require the parties to attend court when the decree nisi is pronounced (see below) to argue the issue – the court will then make a decision, after hearing from both parties. In a divorce based upon two years’ separation, you obviously have complete control over the issue of costs, as the petitioner cannot proceed with the divorce without your consent – simply inform the petitioner or their solicitor that you will not consent unless they drop their claim for costs or unless the costs are shared. In a divorce based upon five years’ separation it is not appropriate for the respondent to be ordered to pay costs, as there is no fault involved – in such a case, you should state that it is not appropriate, in the answer to question 6.
have sent you the form before the proceedings were issued, you will have agreed the arrangements for the children and signed the form – if so, answering question 7 will be straightforward. Otherwise, if you only have minor disagreements with the proposals set out in the form, state these in your answer to question 7(c). If you have major disagreements, then you should obtain a form of your own from the court, complete it and return it to the court with the acknowledgement.
Answer ‘Not applicable’ to question 8 – you don’t have another husband/wife, do you?
As mentioned above, the acknowledgement form in separation divorce cases has extra questions. These are:
1 Do you consent to a decree being granted? This of course only relates to two-year separation divorce cases. Note the discussion above regarding the issue of costs.
2 Do you intend to oppose the grant of a decree on the ground that the divorce will result in grave financial or other hardship to you and that in all the circumstances it would be wrong to dissolve the marriage? This only relates to five-year separation divorce cases. As mentioned above in the section on the ground for divorce, the respondent in such a case can oppose the divorce on the basis of ‘grave financial or other hardship’, for example loss of a widow’s pension if the marriage is dissolved. If you think this may apply to you, then you should consult a solicitor. Note that if you answer ‘Yes’, then you must, within 28 days of receiving the petition, file with the court an answer to the petition (see the section below on defended divorce), setting out details of the financial hardship you will suffer and requesting that the divorce petition be dismissed.
3 In the event of a decree being granted on the basis of two years’ separation coupled with the respondent’s consent, or five years’ separation, do you intend to apply to the Court for it to consider your financial position as it will be after the divorce? This is similar to the previous paragraph, but here you are not asking for the divorce to be stopped, merely that it be delayed until finances have been resolved. Again, loss of pension rights is the most likely reason to request this. If you are in any doubt whether you should ask for the divorce to be delayed then, again, you should consult a solicitor. Note that if you answer ‘Yes’ then you will also have to complete and file a ‘Form B’ (obtainable from the court), followed by a ‘Form E’ – see Chapter 4. Note also that answering ‘No’ does not prevent you from later applying to the court for a financial/property settlement (ancillary relief).
Finally, you must complete and sign the first signature section of the acknowledgement (you can ignore the second section if you do not have a solicitor) – section 9(a) of the example. You must give an address for service, that is, the address to which all court papers will be sent. This does not necessarily have to be your place of residence.
Once you have completed the acknowledgement of service, take a copy for yourself and send the original to the court, at the address at the bottom of the second page. The court will then send a copy of the acknowledgement to the petitioner or their solicitor.