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 ‘petition’).

You’ll also get the following documents online or by post:

  • a ‘notice of proceedings’
  • an ‘acknowledgment of service’ form

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.

Responding online

Respond online if your notice of proceedings has an access code. You’ll 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.

Respond online

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

You need to post back the acknowledgment of service form.

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’s proof you’ve received them. You might have to pay the cost of this.

Contact the divorce centre or get legal advice if you’re not sure.

If you agree with the divorce

The divorce will go ahead. Your husband or wife will apply for a legal document (a ‘conditional order’ or a ‘decree nisi) to end the marriage. Then they must apply for a ‘final order’ or ‘decree absolute’ to finalise the divorce.

If you disagree with (‘dispute’) the divorce

After you respond, you must also fill in a form explaining why you disagree with the divorce.

If the court issued your divorce application:

You may have to pay a £245 fee, but you might be able to get help paying it.

If your husband or wife applied for a divorce on or after 6 April 2022 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’ll be a court hearing. You’ll have to attend and come to an agreement over the divorce with your husband and wife.

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

Start your own divorce proceedings

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 £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.

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 ‘final order or ‘decree absolute’), you can apply.

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

To apply, fill in an application notice form.

You’ll have to pay a £167 fee and go to a court hearing with your husband or wife.

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