Court sets aside divorce over falsified signature
Tina Shah

Court sets aside divorce over falsified signature

The Court has recently set aside a divorce that the wife did not know about. Her husband had filled out the Acknowledgement of Service for the divorce and falsified her signature on the document. Despite 12 years having passed, the court has ruled that the parties are still married. Click on the link below for further details of the judgement. 

What is an Acknowledgement of Service?

When a spouse applies for a divorce, their ex-partner is told to respond to the application (petition) by completing an Acknowledgment of Service document. This is now done online. The purpose of this document is for the respondent to tell the court that they've received the divorce paperwork and they acknowledge that the petitioner wants to divorce them.

What if my spouse refuses to deal with the divorce?

If it is not completed and the petition is based on Unreasonable Behaviour, 5 years separation or Desertion, then the petitioner can still apply to progress the divorce without the respondent's Acknowledgment of Service. 

If the divorce is based on Adultery or 2 Years Separation by Consent then the Acknowledgement of Service is needed. You may have to apply to court to amend the petition using a different reason for your divorce. 

If you need to take these steps you may be able to claim the costs back from your spouse. 

Do you need advice on your divorce?

We offer a Fixed Fee first meeting with a specialist family lawyer. Contact the Family Law team by calling 0330 0945 500, email family@nevesllp.co.uk or complete our Contact Form and we'll get back to you.