Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 15 June 2018
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Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 7 apply in respect of applications for matrimonial orders, which includes petitions for divorce. FPR 2010, SI 2010/2955, 7.14 provides that a respondent who wishes to make an application for a matrimonial order must make the application for that order within 21 days beginning with the date by which their acknowledgment of service is required to be filed, unless the court gives permission for this to be done at a later date. Such an application is treated as an application in the same proceedings. Section 20 of the Matrimonial

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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