Is there an obligation on the part of a divorce petition respondent who seeks a cross-decree...
Is there an obligation on the part of a divorce petition respondent who seeks a cross-decree to file an answer to the lead petition as well as their own petition in the same case?
No, but the respondent may well be advised that it is tactically prudent for them to do both. However, even if the parties petition in the same case and neither files an answer, the Family Procedure Rules 2010 (FPR) rule 71(3)(b) makes it defended and a case management conference has to be directed (rule 7.20(4)).
No doubt the object of these provisions is to enable the court to properly control the proceedings and prevent one of the parties rushing to secure an undefended decree on their petition without linkage to the other petition. We take the view that if on the case management conference the parties are agreed that each of them should be entitled to a decree and the court is satisfied that this is proper (if, for example, each petition was based on
