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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33310
Experience:  25 years experience of all aspects of family law
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Clare, I have a question in relation to divorce proceedings

Customer Question

Hello Clare, I have a question in relation to divorce proceedings in UK. I'm a respondent in divorce case. I have ignored and not returned signed divorce petition documents back to the family court in London. Can the divorce proceedings go ahead without
my signature on the documents. Kind regards Costa
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 12 months ago.

Hi Costa

Thank you for your question

I shall do my best to help you but I need some further information first

Was the Petition based on Unreasonable Behaviour - and have they been handed to you or sent by post?

Clare

Customer: replied 12 months ago.
Hello Clare,Yes, petition is based on Unreasonable Behaviour. The petition divorce was posted to me back in October 2014. I have signed it but not returned it due to large number of false allegations against me. The Petitioners solicitor have contacted me by email a number of times forcing me to sign and return the petition. I have not done it. In September 2015 I had moved to a different address. Informed by post the Judge and the Petitioners solicitor about change of address. No documents were posted to new address. Someone called me asking for a face-to-face meeting to server a papers on me (October 2015). I refused to see the caller.
My understanding is that in October (after unknown caller) the Court proceedings went ahead. The court date was set. On 1st December a divorce was announced.Thanks
Expert:  Clare replied 12 months ago.

I am afraid that yes it was possible for the divorce to go ahead in the circumstances you have described

Your ex had ample evidence that you had in fact seen the Petition and were choosing to ignore it.

Since you did not file a defence proving that you had seen the Petition was all your ex needed to do I am afraid

Please ask if you need further details

Customer: replied 12 months ago.
The first time I saw petition is dated October 2014. I pointed out to the Judge there is an error on marriage date. The Judge ordered to the Petitioner to amend the date and to re-issue the petition. The date presumably was amended. Since March 2015 I have not seen new/updated petition. The Petitioner could prove I saw old petition (with an error), but I have not seen other (new amended petition). I know for the fact the Petitioner cannot prove I saw amended petition. Can the Court start proceeding in this case?
Expert:  Clare replied 12 months ago.

Unfortunately since the only change was the date of the marriage this would have made is even easier for the divorce to go ahead.

The only way you could have stopped it was to file a defence

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