Deemed Service/Bailiff Service

Bexleyheath, Blackheath and Orpington – Petts Wood

Once the divorce petition has been issued and sent by post to the respondent, the court will need to be satisfied that the respondent has received the papers. A form is sent with the papers which should be completed and returned to the court by the respondent acknowledging receipt of the papers and letting the court know whether he/she intends to defend the proceedings.

If the respondent does not complete the form and return it to the court then further steps need to be taken to satisfy the court that the respondent has received the papers, so that the divorce can proceed.

The most common ways of doing this are:

• Deemed service: In certain circumstances, it may be possible to prove to the court that the respondent has received the papers, for example, where the respondent admits that he/she has received the papers. An application would need to be made to the court supported by a statement. The application would attract an additional court fee, but can usually be done without the need to attend a court hearing. If the judge is satisfied, based on the evidence provided, that the respondent has received the papers, then the order for deemed service will be made and the divorce can proceed to the next stage.
• Bailiff service: Alternatively a court bailiff can be instructed to go to the respondent’s home and hand-deliver the papers to him/her. There is also a court fee to pay for this service. We would require you to provide us with a recent up to date photograph of your spouse, together with information as to what time is best to serve them and where they are likely to be at that time. This will allow the bailiff the best chance of ensuring that the papers are successfully served. Once the bailiff service has been taken care of, your divorce can progress.