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| DIVORCE
INFORMATION SHEET » ISSUING PROCEEDINGS |
Parties
The party issuing the proceedings is called the
Petitioner. The spouse against whom the proceedings
are issued is called the Respondent. Where an adultery
divorce Petition names the person with whom adultery
has been committed, that person is called the Co-Respondent.
The Petition
The Petition is the written document issued by the
Petition setting out all the relevant information
and stating the fact/ground upon which the divorce
is sought.
The Statement of Arrangements
The court has to be given details of the arrangements
proposed for any children of the family under 18.
Therefore, where there are such children involved,
the Petitioner must file with the petition a Statement
of Arrangements giving information about where the
children are living, where they go to school, what
residence/contact and financial arrangements are
proposed etc.
However, it is usual before filing the Statement
of Arrangements in the Court to send the document
to the Respondent. It is hoped that the Respondent
will agree with the arrangements stated and sign
the document to this effect.
A Statement of Arrangements signed by both parties
will assist the smooth passage of the divorce when
the papers eventually come to the District Judge
for consideration.
Issue and Service
The Petition and Statement of Arrangements are sent
to the chosen County Court. Copies are then sent
by post to the Respondent, together with a document
called the Acknowledgement of Service. The Acknowledgement
of Service consists of a series of questions mainly
enquiring whether the Respondent intends to contest
the divorce.
The Respondent hopefully completes the Acknowledgement
of Service and returns it to the court. If the Respondent
does not return the Acknowledgement of Service to
the Court then personal service of the Petition
and Statement of Arrangement may have to be attempted
through the court bailiff or a privately engaged
process server. This is because definite proof is
required by the court that the Respondent has received
the divorce papers before any further steps can
be taken in the proceedings.
Undefended or Defended
If the Respondent completes the Acknowledgement
of Service indicating that the divorce is not to
be defended or if proof is available that the papers
have been served on the Respondent and no steps
to defend have been taken within a period of 28
days from service, then the Petitioner can take
the next steps in the proceedings.
If the Respondent completes the Acknowledgement
of Service indicating that the divorce is to be
defended, then the proceedings become complicated.
It is beyond the scope of this information sheet
to explain the consequences. Specific information
and advice will be given to you if the situation
arises. However, the vast majority of divorces today
proceed undefended.
Affidavit
The affidavit is a written statement under oath
by the Petitioner giving evidence in support of
the Petition. It is in standard form. The affidavit
is completed once the divorce is in a position to
proceed undefended. |
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