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Starting divorce proceedings can be hard, but it can feel even more frustrating when your spouse does not respond to the paperwork.
Many people may worry that a lack of response will bring the process to a halt.
However, under the law in England and Wales, a divorce can still take place even if one party refuses to engage and you must know your rights if this happens.
When you apply for a sole divorce, the court will send your spouse the divorce application along with login details for the online court portal.
Your spouse, also known as the respondent, would then be asked to complete an Acknowledgement of Service. This confirms that they have received the papers and must be completed within 14 days.
The Acknowledgement of Service is an essential procedural step, but it does not give your spouse the power to block the divorce.
Under the no-fault divorce system, introduced in 2022, the court does not require consent or blame to grant a divorce.
Ignoring divorce papers does not prevent the divorce from going ahead.
However, before the court allows you to move on to the next stage, it must be satisfied that your spouse has been properly served with the application.
If they do not respond, you will need to take further steps to prove that this service has occurred.
If your spouse does not return the Acknowledgement of Service, you will need to demonstrate to the court that they have received the papers or that reasonable efforts were made to serve them.
A process server or court bailiff can personally deliver the divorce papers to your spouse.
Once this has been done, a certificate of service is provided to the court as proof.
This is often the most straightforward way to prove your efforts and to deal with a non-responsive spouse.
If you have evidence that your spouse has received the papers but is choosing not to respond, you can apply for deemed service.
Evidence of this might include:
If your spouse is actively avoiding service, the court may allow alternative methods.
This can include service by email, social media or at a workplace address, provided you can show that this is likely to bring the application to their attention.
In certain cases where a spouse cannot be traced despite all reasonable efforts, the court may grant dispensed service and remove the requirement to serve the papers altogether.
Once the court is satisfied that the service has taken place, you can apply for a conditional offer.
After a mandatory six-week waiting period, you can then apply for the final order and this will legally end your marriage.
If your spouse does not respond to divorce papers, it is easy to feel overwhelmed and worry that unnecessary delays will occur.
However, with the right legal support, you can take the right steps and choose the most appropriate method of service efficiently.
We can help you prepare applications for deemed or alternative service and advise you on related issues such as financial settlements and child arrangements.
Our professional team can help you move forward in your divorce proceedings and find an efficient solution to bring the process to an end.
For further advice or support in your divorce proceedings, contact our Family Law team today.
Director – Head of Family Department
I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.
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