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Acknowledgment of service when time of separation is wrong (4 Posts)
Started By:
03 October, 2017 03:52AM
Acknowledgment of service when time of separation is wrong
Veronik - 03 October, 2017 03:52AM

I received the divorce petition from my ex partner, we still live in the same address and currently going towards other court proceeding to determine whether he could move out.

In the petition, my ex partner says that we are separated for 2 years and that he is filing for divorce by mutual consent. which is not true. He is using a date of separation that is when I stated in an witness statement that we were separated from a date and he did not want to admit that we were not living as a husband and wife for his behaviour. however we continued a kind of matrimonial life and but for a short period after we both admitted to be separated we tried to have separated lives. however we returned as husband and as wife for about 9 months as we spoke we were going to try on our marriage, which it did not work and this was also for his adultery during that time which I found out later. since June this year we are again considered ourselves separated.

In the notice of service, I believe I have to say No to the point 1C that I do not agree to the grounds of divorce. however not quite sure what to say in question 4 and 5. whether I want to defend or agree for a decree nisi to be granted.

I am guessing because the time of separation is wrong the court would not accept the petition to be made in first place?
what my answers should be in those points? do I still have to defend the case?

do I have to file further evidence to support 1C
what will it happen after sending back this notice?

Many thanks for your kind help.
Re: Acknowledgment of service when time of separation is wrong
davidterry - 03 October, 2017 09:41AM
Divorce on the grounds of two years' separation requires consent, in this case your consent. If you do not consent to the divorce it cannot proceed. It is as simple as that.

Having said that, the marriage is obviously over and therefore if your husband wants a divorce and he is properly advised he will have the existing divorce proceedings dismissed and then issue another divorce petition on a ground which does not require your consent.
Re: Acknowledgment of service when time of separation is wrong
Veronik - 03 October, 2017 05:03PM
Many thanks for your input.

I will send back just stating that the time of separation is not more than 2 years and that i do not consent to his marriage petition.

thanks a lot.
Re: Acknowledgment of service when time of separation is wrong
HatMan - 04 October, 2017 04:03PM
Why bother doing that ? he will get the divorce anyway - you are just adding time, cost and grief to the process.
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