Respond to a divorce application

If your husband or wife has started divorce proceedings against you, the divorce centre will send you a copy of their divorce application (sometimes called a divorce 鈥榩etition鈥�).

You鈥檒l also get the following documents online or by post:

  • a 鈥榥otice of proceedings鈥�

  • an 鈥榓cknowledgment of service鈥� form聽

Keep the notice of proceedings, which tells you the case number and what you should do next.

How to respond

How you respond depends on how your husband or wife applied for divorce and whether you have a solicitor.聽

Responding online聽

Respond online if your notice of proceedings has an access code. You鈥檒l need to create an account.

You must respond within 14 days of getting the notice of proceedings.

You cannot respond online if you have a solicitor representing you.

Responding by post

You must respond by post if:

  • your notice of proceedings does not have an access code

  • you are represented by a solicitor聽

You need to post back the acknowledgment of service form.聽

You must respond within:

  • 7 days of getting the notice of proceedings, if the court issued your divorce application before 6 April 2022

  • 14 days of getting the notice of proceedings, if the court issued your divorce application on or after 6 April 2022

If you do not respond in time

Your husband or wife might still be able to continue with the divorce if the court decides that you received the application.

The court might deliver the papers personally to you so that there鈥檚 proof you鈥檝e received them. You might have to pay the cost of this.

or get legal advice if you鈥檙e not sure.

If you agree with the divorce聽聽

The divorce will go ahead. Your husband or wife will apply for a legal document (a 鈥榗onditional order鈥� or a 鈥榙ecree nisi) to end the marriage. Then they must apply for a 鈥榝inal order鈥� or 鈥榙ecree absolute鈥� to finalise the divorce.聽

If you disagree with (鈥榙ispute鈥�) the divorce聽

After you respond, you must also fill in an answer to a divorce application explaining why you disagree with the divorce. Return the form within 21 days, starting from the date that you are due to respond to the divorce application.

It costs 拢245. You might be able to get help with fees.

You can only dispute the divorce if you have a legal reason. For example, if you live abroad the courts in England and Wales might not be able to deal with your application.

Disagreeing with the divorce means there鈥檒l be a court hearing. You鈥檒l have to attend and come to an agreement over the divorce with your husband or wife.

You can get legal advice or apply for help paying court fees if there鈥檚 going to be a court hearing.聽

Start your own divorce proceedings聽

You need permission from the court to start your own divorce after receiving a divorce application, unless the application was issued before 6 April 2022.

If the court issued the divorce application before 6 April 2022, you can start your own divorce. Fill in a divorce application form.

You will have to pay a 拢593 fee.

You and your husband or wife will usually have to attend a court hearing to try to come to an agreement over the divorce.聽

If your husband or wife does not finalise the divorce

If your husband or wife started the divorce, but they have not applied for the legal document that ends the marriage (the 鈥榝inal order or 鈥榙ecree absolute鈥�), you can apply.聽

You can only do this if it鈥檚 been at least 3 months, 6 weeks and 1 day from when the conditional order or decree nisi was granted.聽聽

To apply, fill in an application notice form.

You鈥檒l have to pay a 拢184 fee and go to a court hearing with your husband or wife.