Divorce
Apr 16th 2014, 2:02 am
#16
Was in Canada, now home.
Joined: Aug 2011
Location: Devon
Posts: 3,388
Re: Divorce
I hear you, and am not disagreeing, however the Government web site I linked to was updated less than 3 months ago. Your article has no date.
If indeed this is a new regulation, perhaps registered mail with a signature would suffice to prove notification.
The government web site SPECIFICALLY says no answer constitutes agreement and it's marked with a ! (I highlighted it in the attachment).
Hopefully the original poster will be able to contact his soon to be ex and she will comply and he will not need to research further.
If indeed this is a new regulation, perhaps registered mail with a signature would suffice to prove notification.
The government web site SPECIFICALLY says no answer constitutes agreement and it's marked with a ! (I highlighted it in the attachment).
Hopefully the original poster will be able to contact his soon to be ex and she will comply and he will not need to research further.
If your spouse does not acknowledge service you will be able to go ahead, but you will still have to prove that they actually received the petition. The government site just fails to mention that fact.
I think it is very unlikely that a solicitor's site would not be kept up to date. It is also very unlikely that the rule over proof of service has been changed. It is a principle of law that people should not be the subject of proceedings without their knowledge.
Apr 16th 2014, 2:24 am
#17
Are we there yet?
Joined: Jul 2007
Location: 31 miles from Cool (California)
Posts: 2,467
Re: Divorce
I'm sorry, but 'no answer' is not the same thing as proof of service. The site does not say you don't have to prove service. That is the crucial distinction.
If your spouse does not acknowledge service you will be able to go ahead, but you will still have to prove that they actually received the petition. The government site just fails to mention that fact.
I think it is very unlikely that a solicitor's site would not be kept up to date. It is also very unlikely that the rule over proof of service has been changed. It is a principle of law that people should not be the subject of proceedings without their knowledge.
If your spouse does not acknowledge service you will be able to go ahead, but you will still have to prove that they actually received the petition. The government site just fails to mention that fact.
I think it is very unlikely that a solicitor's site would not be kept up to date. It is also very unlikely that the rule over proof of service has been changed. It is a principle of law that people should not be the subject of proceedings without their knowledge.
Apr 16th 2014, 3:06 am
#18
Was in Canada, now home.
Joined: Aug 2011
Location: Devon
Posts: 3,388
Re: Divorce
Why are you so intent on proving your are right? You are wrong. Do you think all these sites are wrong too?:
http://www.justdivorce.co.uk/frequen...estions#onetwo
http://anthonygold.co.uk/services/6/...separation-faq
http://www.rightsofwomen.org.uk/pdfs...vorce_2010.pdf
They all repeat the advice I've already given. Anthony Gold is, incidentally, one of the top family law firms in the country.
http://www.justdivorce.co.uk/frequen...estions#onetwo
http://anthonygold.co.uk/services/6/...separation-faq
http://www.rightsofwomen.org.uk/pdfs...vorce_2010.pdf
They all repeat the advice I've already given. Anthony Gold is, incidentally, one of the top family law firms in the country.
Apr 16th 2014, 3:24 am
#19
Are we there yet?
Joined: Jul 2007
Location: 31 miles from Cool (California)
Posts: 2,467
Re: Divorce
Why are you so intent on proving your are right? You are wrong. Do you think all these sites are wrong too?:
http://www.justdivorce.co.uk/frequen...estions#onetwo
http://anthonygold.co.uk/services/6/...separation-faq
http://www.rightsofwomen.org.uk/pdfs...vorce_2010.pdf
They all repeat the advice I've already given. Anthony Gold is, incidentally, one of the top family law firms in the country.
http://www.justdivorce.co.uk/frequen...estions#onetwo
http://anthonygold.co.uk/services/6/...separation-faq
http://www.rightsofwomen.org.uk/pdfs...vorce_2010.pdf
They all repeat the advice I've already given. Anthony Gold is, incidentally, one of the top family law firms in the country.
I agreed with you, that neither of us know the correct answer.
So why are you trying to say you're right when you don't actually know? You're quoting non government websites, which could have inaccurate information.
Saying that a solicitors would not have uptodate information on their web site is one of the most laughable comments I've heard for a long time. and I proved that the one you quoted was incorrect.
I also said that I was surprised that the government web site alluded to a non-response as agreement.
In terms of the Original posters question, it seems that he will have his wife's agreement to the divorce, so this will be a moot point for him.
I'm not prepared to take this any further off topic. Have a nice evening.
To the Original Poster..... the court will handle the sending of the papers to your wife, you just have to submit them to the court.
If she decides not to respond, then you can contact the citizen's advice to get assistance.
Apr 16th 2014, 3:28 am
#20
Was in Canada, now home.
Joined: Aug 2011
Location: Devon
Posts: 3,388
Re: Divorce
No, I, a retired divorce lawyer, know the correct answer. So do the solicitors' firms that I have linked to. One DIY divorce does not give you superior knowledge or experience.
The government web site says you can get a divorce despite your spouse's failure to respond. That is correct and has always been correct. What the site omits to say is that you will have to prove that they got the divorce papers.
The government web site says you can get a divorce despite your spouse's failure to respond. That is correct and has always been correct. What the site omits to say is that you will have to prove that they got the divorce papers.
Apr 16th 2014, 9:48 am
#21
BE Enthusiast
Joined: Feb 2012
Posts: 862
Re: Divorce
No, I, a retired divorce lawyer, know the correct answer. So do the solicitors' firms that I have linked to. One DIY divorce does not give you superior knowledge or experience.
The government web site says you can get a divorce despite your spouse's failure to respond. That is correct and has always been correct. What the site omits to say is that you will have to prove that they got the divorce papers.
The government web site says you can get a divorce despite your spouse's failure to respond. That is correct and has always been correct. What the site omits to say is that you will have to prove that they got the divorce papers.
