If your spouse has started divorce or dissolution proceedings, you will be notified by HM Courts & Tribunals Service (HMCTS) who will send you a copy of the issued Divorce Application (also referred to as a Divorce Petition). You will also receive a document called a Notice of Proceedings and Acknowledgement of Service form. The respondent party must be served with copies of these documents within 28 days of the application being issued. The Court will usually serve the documents but your spouse may also provide you with copies.
Under the No-Fault Divorce Law, all divorce proceedings issued on or after 6th April 2022 are handled online via the HMCTS divorce centre. It is no longer possible to contest or defend a divorce unless you have a specific legal reason, such as a dispute over the validity of the marriage or the Courts in England and Wales not being able to assist due to you living abroad. If you contest the divorce a Court hearing will be listed and both you and your spouse will need to attend.
Once you have received a copy of the issued Divorce Application and supplemental documents you will have 14 days to submit your response. This can be completed online or on a paper form which you can obtain online or by contacting HMCTS for a hard copy which you can post to the divorce centre. Where a joint Divorce Application has been submitted, both you and your spouse will need to complete an Acknowledgement of Service form.
How to respond online?
You will have been provided an access code within the documents. It will be necessary to create an account to access the online divorce portal where you can then submit your response. Your response must be submitted within 14 days of receiving the Notice of Proceedings.
How to respond by post?
You should complete the Acknowledgement of Service form and send it back to the HMCTS divorce centre within 14 days of receiving the Notice of Proceedings.
What happens after the acknowledgement has been submitted?
The divorce proceedings will progress. Your spouse will be able to apply for the Conditional Order (middle stage of the divorce) after 20 weeks have elapsed since the issue of the application.
When the Conditional Order has been granted your spouse will be able to apply for the Final Order once a further 6 weeks have elapsed. The Final Order will legally end the marriage. Generally, the application for the Final Order will be delayed until the finances of the marriage have been formally resolved. If there is a Pension Sharing Order as part of the financial settlement, the Final Order should not be applied for until 28 days have passed since the Financial Order was approved by a Judge to protect the receiving spouse’s position in the event the pension holder dies.
What happens if you do not respond in time?
If you do not respond within the specific timeframe, your spouse will have options to enable the divorce proceedings to progress. The Court needs to be content that you, as the respondent, have received the divorce papers and are aware that the proceedings have started. Depending on the circumstances, it may be possible for the Court, or your spouse, to arrange for you to be personally served with the papers so there is physical proof that you have received them. It is important to note that you may be required to pay the costs associated with this as a consequence of your failure to respond within the stated timeframe.
We do advise that the finances of the marriage be addressed alongside the divorce, and prior to the Final Order being applied for.
How can Tozers help?
Tozers can provide you with the guidance and support you need during this challenging time. Our experienced team understands the complexities of divorce and the importance of addressing financial matters promptly. We can help you navigate the legal process, ensuring that all necessary documents are filed correctly and on time.
