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Acknowledgement of service

  • Sonning
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22 Feb 10 #187236 by Sonning
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Hi
My stbx recieved the paperwork from the court just over 2 weeks ago.
On the form i recieved from the court it says that if she hasnt returned her paperwork after 2 weeks i have two choices.
1. i can use a bailiff at the cost of £100 !
2. Swear an affadavit stating i know she has recieved the paperwork.

I dont really want to have to spend another £100 as i know she has the paperwork.

So do i just go the court and say i know she has recieved it and just sign something ?

Thanks

  • Ephelia
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22 Feb 10 #187239 by Ephelia
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If you know she has received the paperwork you should say... they will ask you to swear an affidavit to that effect and the divorce will go ahead. My partner did this...

  • Sonning
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22 Feb 10 #187244 by Sonning
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thats great thanks...

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23 Feb 10 #187451 by Sonning
Reply from Sonning
i just spoke to the court and they are sending out "deemed service" paperwork to me.
the guy said i would need to complete the form and may have to attend court.
he said i need to provide as much proif as possible.
the only "proof" i have is that she told me she recieved it.
Do you think that will be enough?
I dont have £100 spare for the bailiffs :(
thanks

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23 Feb 10 #187533 by JTP
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My husband does not want me to give his address to the court to serve a divorce petition, because he has overstayed his visa and does not have the right to remain in the UK. He is afraid that the court will tell the immigration authorities where he lives. Is there anything I can say to reassure him? We have been separated nearly four years.
If he point blank refuses to co-operate, will it be possible for me to divorce him after five years of separation without his involvement? He has spoken of going back to Morocco, and once he does it will be very difficult and expensive to get him involved in UK court proceedings.

  • dukey
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23 Feb 10 #187536 by dukey
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Hello Sonning

Very often the Petitioner cannot prove the respondent has received the Petition which is why a bailiff service is used before a judge will give deemed service, the judge is giving you the option of deemed service without the bailiff so all you can do is try you have nothing to lose, chances are you will attend a short hearing with a judge tell him/her your skint and the respondent told you they have received the petition with any luck the judge will allow it to move along without the signature from the respondent.

Dukey

  • Sonning
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23 Feb 10 #187539 by Sonning
Reply from Sonning
thanks dukey
i have an email from her saying she has recieved the forms.
would this be admissible in court ?
another quick question...once the Absolute is granted if she wanted to go after me financially would she still be able to ?
thanks

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