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How to Respond to a Divorce Application

Dealing with a divorce application can be a daunting experience, especially when navigating the legal system in England and Wales. Understanding the process and knowing how to respond effectively can ease some of the stress involved. Here’s a step-by-step guide on preparing and responding to a divorce application and what can be expected in terms of timeframes and orders the Court will make.

1. Understand the Application

When you receive a divorce application, it is essential to read through the documents thoroughly. Since the introduction of the ‘non-fault’ divorce process, it is now possible for two forms of application to be issued:-

A sole application – where one party starts the divorce process and will be known as the applicant. The party to the application will be known as the respondent.
A joint application – where both spouses apply together, both are referred to as applicants and there is no respondent.
As a result of the above, it is important from the outset to ascertain what form of application you intend to make and/or what form of application has been received, although if you have applied jointly with your spouse this may already be known. Nonetheless, familiarising yourself will the application once it has been issued remains important so that the correct response can be provided accordingly.

2. Acknowledge Receipt of the Application

If you are the respondent to a sole application, in England and Wales you are generally expected to respond to the divorce petition within a set timeframe. You must complete and return the Acknowledgment of Service form, usually provided with the application and must do so within 14 days. This form is completed with the intention of confirming that you have received the application and confirming whether you agree to the divorce proceeding or whether it is disputed. You can also confirm whether or not you agree to pay the other’s party’s costs arising from the divorce application.

3. Decide on Your Response

You have two main options in responding to a divorce application:

Agree to the application: If you accept that the marriage has irretrievably broken down and do not wish to contest it, you can indicate this on the Acknowledgment of Service form. This can expedite the process.

Dispute the application: whilst it is still possible to dispute an application by your spouse for a divorce, since the introduction of the non-fault divorce regime such disputes are very few and far between and can only be brought on extremely limited grounds, such as a challenge as to the validity of the marriage altogether or on jurisdiction.

In addition to considering how to respond, it is important even at this early stage to take additional steps to discuss financial matters: Even if you agree to the divorce application, it may be you or your spouse wish to protect any financial claims that may be available to you upon your separation. In this regard, it is important to be proactive and seek financial disclosure as early as possible and prior to the divorce process concluding (addressed further). For example, in limited circumstances, a spouse can be prejudiced in respect of potential pension claims they may have against their former spouse’s pension should a Final Order be made prior to an agreement or determination of financial arrangements between the parties taking place. Consider starting a dialogue to reach an amicable agreement or seek mediation services.

4. Seek Legal Advice

Divorce can have significant legal implications, particularly financially such as the impact upon any Will you may have executed during your marriage or the possible claims you or your former spouse may have upon the other. It is therefore wise to consult a solicitor who specialises in family law. They can provide guidance on your rights and obligations and help with any disputes especially regarding children, property or finances.

5. Respond within the Timeframe

Ensure you return the Acknowledgment of Service form within the allocated timeframe, typically 14 days from receipt, depending on where you reside. Delays can complicate the proceedings and reflect poorly on your position.

6. Prepare for Next Steps

Assuming there is no challenge to the divorce application on the very limited grounds available, parties to a non-fault divorce application are required to wait for a period of 20 weeks from when the divorce application was issued before they can apply for the Conditional Order. This period is known as the ‘cooling-off period’. This 20-week cooling-off period is intended to give parties time to enter into financial discussions and seek to reach a settlement on the same.

Following the expiry of the cooling-off period, the applicant (or applicants in a joint application) are at liberty to apply for the Conditional Order. A Conditional Order is a document that confirms that the Court does not see any reason why you cannot divorce. The application will go before a Judge (on paper only without you having to attend in person) and if the Judge approves your application you will be sent a certificate notifying you of the time and date the Conditional Order will be made.

Following the Conditional Order being granted, you will be required to wait 43 days (i.e. 6 weeks and 1 day) following the date of the Conditional Order, before you can apply for a Final Order. The Final Order legally ends your marriage and is the point at which you will be, in the eyes of the law, divorced.

It is important to stress however that it is a common misconception that a Final Order severs all financial ties between you and your former spouse. This is not the case and so if financial arrangements between you and your former spouse have not been resolved even at this late stage, it is important to obtain independent legal advice.

7. Consider Mediation

If there are disagreements (most likely over financial matters or child arrangements), mediation can be a less adversarial way to resolve issues outside of Court. A neutral third-party mediator can assist both parties in reaching an agreement regarding contentious issues.

8. Stay Informed

Keep yourself informed about your rights and the process as it unfolds. Visit official resources such as Gov.uk for the latest information and updates on divorce proceedings.

Conclusion

Responding to a divorce application in England and Wales is a structured process that requires careful consideration of your options and outcomes. By understanding the documents, responding promptly, seeking legal advice and exploring mediation, you can navigate the divorce proceedings more effectively and with greater peace of mind.

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 16th January 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of the capital’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here