No. 39 - The Answer - England & Wales
Contested divorce
If the respondent (or any co-respondent) want to contest the divorce petition, they should file a defence (known as the 'answer') within 29 working days of receiving the petition. The fee for filing an answer is currently £200.
Directions for trial
If the respondent (and any co-respondent) answers 'No' to the question on form D10 'Do you intend to defend the case?', or if he or she fails to send an answer within the prescribed
period, the petitioner can apply for directions for trial.
The petitioner will need copies of form D84 (application for directions for trial) and form D80 (affidavit of evidence) from the court office.
When the petitioner asks for form D80, they should tell the court the grounds for divorce, since there is a different version of form D80 for each of the five grounds:
- Form D80A (Adultery)
- Form D80B (Behaviour)
- Form D80C (Desertion)
- Form D80D (2 years' separation with consent)
- Form D80E (5 years' separation)
The petitioner should fill in the forms and either send or take them to the court office. This is called 'entering a case in the special procedure list.'
The petitioner must not return these forms to the court, however, until nine days have passed since the respondent (and any co-respondent) say they received the divorce petition.
The petitioner must answer all the questions on form D80 and swear the answers are true in front of an approved witness (i.e., an officer of a county court or the Principal Registry, or a solicitor). They should not sign the form until the approved witness tells them they may do so.
Alongside the affidavit, the petitioner must provide documents which show:
- that the respondent (and any co-respondent) have received the petition;
- that the respondent (and any named co-respondent) admit to having committed
adultery if this was a ground;
- that the respondent consents to a divorce where the parties have lived apart
for two years; and
- that the respondent agrees with the arrangements proposed for the children.
In almost all cases a copy of the form D10 (acknowledgement of service) filled in and signed by the respondent will show all of these things. Thus, this form should be attached to the affidavit as an exhibit.
** Additional information & advice **
You can obtain further information about divorce on FindLaw.
Depending on your circumstances, however, you may want to speak with a solicitor who specialises in family law. You can be matched with a solicitor in your area for free via solicitor matching services, which can also help you to understand the best course of action and whether you are ready to hire a solicitor.
