Ex refusing to respond to divorce papers

This is a common concern, and the good news is that your ex cannot simply block the divorce by ignoring the papers. The process has changed significantly since April 2022 under the no-fault divorce system, so here is how it works now.

The current position under no-fault divorce:

Since 6 April 2022, divorce in England and Wales is governed by the Divorce, Dissolution and Separation Act 2020. There is no longer any need to prove fault or obtain your spouse's consent. You can apply as a sole applicant, and the only ground for divorce is that the marriage has irretrievably broken down. You do not need to give a reason or prove any behaviour.

What happens when the respondent does not respond:

Once you issue the divorce application through the online portal or by post, the court serves the papers on the respondent. The respondent has 14 days to acknowledge service. If they do not respond, the divorce does not simply stall. Here is what happens in practice.

1. The court will check whether service has been properly effected, meaning the papers were actually delivered to your ex.

2. If service is confirmed but your ex simply ignores the papers, you can still proceed. You apply for the conditional order after the 20-week reflection period has passed from the date the application was issued, regardless of whether your ex has engaged.

3. If the court is not satisfied that service has taken place, you may need to take additional steps to prove service. This could include arranging personal service through a process server, or in more difficult cases, applying for deemed service or dispensed service. Deemed service is where the court accepts that service has been effected by alternative means, for example by email or through a solicitor. Dispensed service is where the court dispenses with the requirement to serve altogether, typically where all reasonable efforts to locate or serve the respondent have been exhausted.

4. Once you have dealt with any service issues, you proceed to apply for the conditional order, and then after a further six weeks and one day, you apply for the final order which formally ends the marriage.

The key point:

Your ex cannot prevent the divorce by refusing to engage. Under the current law, there is no ability for a respondent to contest the divorce on the merits. The only grounds on which a respondent can challenge the application are very narrow, essentially limited to arguments about jurisdiction, the validity of the marriage, or whether the marriage has already been dissolved. Simply refusing to respond is not a defence and will not stop the process.

Practical considerations:

While your ex cannot block the divorce itself, if they are being uncooperative on the divorce papers, they may also be difficult when it comes to the financial settlement and any arrangements for children. These are separate processes. A financial remedy order and child arrangements order can both be pursued through the court independently if agreement cannot be reached. It is worth thinking ahead about these issues because they are often where the real difficulty lies, not with the divorce itself.

If you are at the stage where papers have been served and your ex is not responding, the sensible next step is to wait until the acknowledgement of service deadline passes and then take advice on whether you need to arrange alternative service before moving on to the conditional order application.