No-fault divorce law update 2022
The Divorce, Dissolution and Separation Act 2020 came into effect on 6 April 2022. This legislation changed the divorce process.
Contesting a divorce is no longer generally possible. An irretrievable breakdown of the relationship is enough.
Conditions such as unreasonable behaviour, adultery, or desertion are no longer needed as reasons for divorce. A divorce can be claimed on the basis that the marriage has broken down irretrievably.
Your spouse can no longer stop your divorce simply by refusing to agree.
However, you’ll need to wait a minimum of 26 weeks before your divorce can be finalised.
For more information, read our guide on everything you need to know about no-fault divorce.
How to apply for divorce in the UK
You can file for divorce online or by post. You will be asked to provide your spouse’s current address, and your spouse will be sent a copy of your application and an Acknowledgement of Service form.
This form will be sent by email if your spouse’s email address is supplied during the application. Otherwise, it will be sent by post.
The respondent must respond to the acknowledgement of service within 14 days. They must return this form stating whether they agree to the divorce or intend to dispute it.
If your spouse agrees with the divorce
If your ex-partner agrees with the divorce, you can proceed by applying for a conditional order.
You will have to wait 20 weeks after your divorce application has been issued by the court before you can apply for a conditional order.
Issues with the divorce process
Your spouse has up to 14 days to respond before you can continue your divorce without their consent. However, issues can still arise if they will not sign the divorce papers.
If your spouse disputes the divorce
If your ex-partner decides that they disagree with the divorce, they must have a genuine legal reason to dispute it, such as the marriage being invalid.
If your spouse does not respond to the divorce
If your ex-partner does not respond to the application, you will be required to provide evidence that it has been received.
You are still able to proceed with your divorce if your spouse refuses to co-operate. If you can prove to the court that you have tried all methods of contact, the divorce can still go ahead.
Before the court will allow your divorce application to continue, it must be satisfied that:
- Your spouse has received notice of the divorce proceedings
- Your spouse has had the chance to respond
How to deal with an unwanted divorce
Divorce can be hard enough, especially if your spouse is refusing the petition. Emotionally, any separation takes a toll. Divorce also brings legal complications, including dealing with divorce lawyers and financial settlements.
Taking care of yourself during this legal process is vital. Try to keep to normal routines, relax when you can, and make time for exercise or hobbies.
If your divorce takes longer because your spouse will not sign, remember they cannot delay the process forever.
Step 1 – Check your spouse has received the divorce papers
First, you’ll need to check that your spouse has received the divorce papers. There may be a simple reason why they have not returned the Acknowledgement of Service form.
For example, they may be away on holiday, or the form may have been lost in the post.
Try to contact them as soon as possible to ask whether they’ve received the divorce papers. If they tell you they have not received them, you can apply for the papers to be sent again.
Ideally, your spouse will then return the Acknowledgement of Service form. This will allow you to move on to the next stage of the divorce.
Step 2 – Provide evidence of receipt to the court
Unfortunately, getting through to your spouse is not always easy when you are separated.
If your spouse will not talk to you, there may still be evidence that they have seen the divorce petition, even if they have not signed the Acknowledgement of Service.
For example, they may have sent you a text or email confirming that they received the divorce papers.
You can file this as evidence at court and ask for an order of deemed service. This means the court will declare that your spouse has seen the petition, despite not returning their Acknowledgement of Service.
A judge will decide whether the evidence you provide is enough proof that your spouse has received the divorce petition.
If you are successful, the court will be able to move on with the next stage of your divorce.
Step 3 – Deliver the divorce papers to your spouse directly
The judge may decide that the evidence you provide is not strong enough to approve your deemed service order.
If your deemed service application is refused, your next option is to physically serve your spouse with the divorce papers.
You can then use this as evidence to show the court that your spouse is aware of the divorce proceedings.
Instruct a process server
In many cases, the best way to do this is through a process server.
A process server is someone who delivers divorce papers to your spouse on behalf of your divorce lawyer.
While you could deliver the divorce papers yourself, using a process server is often a better option. They will usually be more effective in convincing the court that your spouse is aware of proceedings.
In some cases, this is because you may not actually know where your spouse is.
Experienced process servers have access to databases that can help them track your spouse down wherever they are. A process server may be able to locate your spouse and serve them with the divorce papers even if they have changed address, moved abroad, or been sent to prison.
It can also be best to instruct a process server even if you do know your spouse’s whereabouts.
This is because once your spouse has been served with the divorce papers, the process server will submit a certificate of service. This certificate will prove to the court that your spouse has received the divorce petition.
This should satisfy the court that your spouse has received notice of the proceedings. After this, you can move on to the next stage of the divorce.
Step 4 – Use an alternative way of serving the divorce papers
While process servers can usually track people down, they are not always successful.
If personal service does not work, you can ask the court to use a different way to deliver the petition.
For example, you may think your spouse is more likely to receive the petition at a place other than their home. This could be their parents’ house, their new partner’s house, or the home of a relative or friend.
Alternatively, you could place an advert in a local newspaper. However, the court must be satisfied that your spouse is likely to see it.
Step 5 – Apply for a dispensed service
If all else fails, you may be able to get divorced without your spouse’s consent by applying for a dispensed service.
A dispensed service means that the court will allow you to proceed with your divorce despite your spouse’s lack of consent.
To succeed in your application, you must show the court that you have made all reasonable enquiries to find your spouse and serve them with the petition. You will therefore need detailed records of all the attempts you have made to trace them.
Speak to a divorce solicitor
Going through a divorce can be stressful at the best of times. When your spouse will not sign the divorce papers, it can be especially frustrating.
Following these five steps should help convince the court that you have tried everything to notify your spouse about the divorce. This means you may still be able to get divorced without their consent.
However, the legal process can be complicated, time-consuming, and expensive.
If you need help because your spouse will not sign the divorce papers, you should speak to a divorce solicitor. They can guide you through the process and provide support.
Applying for divorce when your spouse won’t sign divorce papers FAQs
How much does a divorce cost in the UK?
The fee to apply for a divorce in the UK is £593. However, you may also need to cover solicitor fees, any financial settlement costs, and other court-related fees. An uncontested divorce will usually cost between £500 and £2,000 in legal fees, but this can be much higher for a more complicated case.
What is a no-fault divorce?
No-fault divorce allows couples to apply for divorce without having to place blame or provide fault as a reason. This can help avoid unnecessary conflict.
What is a clean break order?
A clean break order is a type of financial settlement that legally removes the financial ties a couple has to each other after divorce.
How do I find divorce solicitors near me?
You can use The Law Superstore to instantly compare up to 4 divorce lawyers near you to help choose the right family solicitor for your needs. Compare reviews and testimonials to make sure you are getting the best deal for your specific needs.
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