An Acknowledgement of Service is a court form that is used during family law proceedings (usually a divorce or dissolution of a civil partnership) to confirm that the respondent has received the application. The form is used for the respondent to indicate if they wish to dispute the proceedings, if they agree with the information provided on the application and if they will be participating in the case.
The form must be completed and returned to court within the specified time period (usually 14 days from service if the respondent is in England or Wales) otherwise it may result in delays to the proceedings and the applicant may be able to ask the court for an order to continue without the respondent’s participation.
What is an Acknowledgement of Service?
An Acknowledgement of Service is a form that the respondent completes to acknowledge that he or she has received the court papers (for example, an application for divorce) and to state whether the respondent is agreeing or disputing the application.
Why do I need to complete an Acknowledgement of Service?
You need to complete it so the court can have proof that you have been served with documents correctly. It also lets you state your intentions, for example, that you agree to the divorce or that you wish to dispute it.
How long do I have to return the Acknowledgement of Service?
The respondent in the majority of family proceedings in England and Wales will have 14 days from the date of service to return the form to court (longer if served out of the jurisdiction).
What happens if I do not return the Acknowledgement of Service?
If you fail to return the form, in most cases the applicant can ask the court to proceed with the case without your response. This could result in you losing the opportunity to defend the divorce or make amendments to information the applicant has provided.
How do I complete the Acknowledgement of Service form?
You must confirm that you received the documents, check your details are correct and state whether you accept or contest the proceedings. For divorce, you also need to acknowledge whether the court has jurisdiction and that you agree to this.
Can I dispute a divorce using the Acknowledgement of Service?
Yes. The form is the place to state your intention to dispute the application, though under the current no-fault divorce system, disputes are limited to issues such as jurisdiction or validity of the marriage.
Do I need a solicitor to complete an Acknowledgement of Service?
You can complete it yourself, but legal advice is recommended—especially if you intend to dispute the case or if there are complex issues such as overseas elements.
Is the Acknowledgement of Service used in other family law cases?
Yes. The Acknowledgement of Service is used in other family law proceedings (for example in child arrangements order or financial remedy claims) to acknowledge that a claim has been served and to state whether the respondent wishes to take part in the case.