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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28386
Experience:  25 years experience of all aspects of family law
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My wife filed divorce petition against me on the ground of

Resolved Question:

My wife filed divorce petition against me on the ground of adultery.
I have a few questions with regard to how I should answer the questions on the Acknowledgement of Service and what entails.

In the form it asks " do you admit the adultery alleged in the petition?" and says in another sheet that "you are under no obligation to answer this question".
I am intending to answer either NOT to admit or NOT to answer.
Does it make any differences either way?

My wife has photographic evidence of me meeting with other woman, showing being intimate, and going into a Hotel room, and I have once admitted having affair verbally; but in my understanding she can not establish my adultery without my written admission.
Am I correct?
Then what is likely consequence of me not admitting or not answering the question will be?
I do not wish to defend the divorce but I would like to halt or slow down the process without incurring a big extra costs if possible.

Another question is that I do object to paying the cost of proceedings but it asks "If so, on what grounds?".
What kind of grounds do I need to give to object to paying the costs?

Thank you
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question I shall do my best to assist you.
Unless the photographs are totally compromising then yes she will need your written confirmation of the adultery - unless she has another witness who can confirm your verbal admission.
It is best simply to not answer the question
If you do not answer the question the most likely outcome is that she will amend her Petition to one based on your Unreasonable Behaviour and claim costs from you.
There are no clear grounds for objecting to pay costs - you can say that you have lived apart for years and that there is no justification for this accusation
It is not the most convincing of arguments - if you wished to avoid paying costs then it is easier to negotiate with your ex and say that you will admit the adultery if she withdraws her claim for cost
Claire
Customer: replied 1 year ago.
What happens if I don' t return the Acknowledgement of Service?

In my understanding, she cannot apply for the deemed service and proceed with the divorce on the ground of adultery.
She does not know yet I have received the copy.

How long does she have to wait to take next action and what the next action might be?
Expert:  Clare replied 1 year ago.
Hi
If you do not send it back she may waste time and arrange for you to be personally served with the Petition, however she will still face the problem of proving the adultery.
This could take a month or so
Once she realises that problem then she will have to amend the petition to one based on Unreasonable Behaviour and start again
Claire
Customer: replied 1 year ago.

How easy is it for her to get divorce on the ground of Unreasonable behavior?


 


Is there anything I can do to delay the process?


 

Expert:  Clare replied 1 year ago.
Hi
It is very easy to do so - if you wish to stop it you would have to defend it - and from what you have said that would be almost impossible and would cost a great deal of money - and you could end up paying her costs as well
The only way you can delay the process is to ignore the paperwork - bit once it has been personally served on you that is it
Claire
Customer: replied 1 year ago.

I am leaving UK for Japan in September.


I like to delay the process so that she won't serve me another documents on me personally while I am still here.


What do you think the best way?


 


I assume it will be difficult for her to serve me papers while I am in abroad.


But, what ways can she try?


Is there any service that she can use to serve me papers personally while I am in abroad?

Expert:  Clare replied 1 year ago.
Hi
All she will need to do is arrange for the personal service of the papers in Japan - it is unlikely to cause major difficulty - only substantial cost
Claire
Customer: replied 1 year ago.

What is "the personal service of the papers"?


Does it mean like sending by DHL or Fedex with personal delivery good enough?


 


What happens if I refuse to receive?


 

Expert:  Clare replied 1 year ago.

Hi No it is instructing someone to place them in your hands or leave them at an address that you are proven to be at Claire

Customer: replied 1 year ago.

So, that somebody can be anybody and s/he does not have to hand the papers in to me personally?


 


And no way to refuse it, right?

Expert:  Clare replied 1 year ago.
Hi
Exactly right
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28386
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you

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