Posted 27 Jan, 2025

Filing for divorce can be stressful enough without added complications. But what happens if your spouse ignores the divorce papers or refuses to engage in the process? In England and Wales, divorce is still possible even if one party does not cooperate. However, certain legal steps must be followed to ensure the process moves forward.

Why Might a Spouse Ignore the Divorce Papers?

There are several reasons why a spouse may refuse to acknowledge the divorce:

  • They don’t want the divorce – Some believe ignoring the application can prevent the divorce from proceeding (it can’t).
  • They are being difficult – They may deliberately refuse to respond out of spite or to cause delays.
  • They claim they didn’t receive the papers – Some may avoid official documents in an attempt to deny knowledge of the divorce.
  • They simply forgot – In some cases, a spouse may not check their post regularly or misunderstand the importance of the documents.

Regardless of the reason, the law allows the divorce to proceed without their cooperation.

 

Can My Spouse Stop the Divorce by Ignoring It?

No. Under the no-fault divorce system, introduced in April 2022, your spouse cannot prevent the divorce by refusing to engage. The new process removes the need for blame or consent, meaning the court will grant the divorce as long as procedural requirements are met.

 

Step-by-Step Process If Your Spouse Ignores the Papers

Step 1: Ensure They’ve Received the Divorce Papers

When you file a sole divorce application, your spouse (the respondent) must be served with the papers and acknowledge receipt. This is done through an Acknowledgment of Service form, which they must return to the court within 14 days.

If they don’t respond, you must prove they received the documents before moving forward.

Step 2: Proving Service: Alternative Methods

If your spouse does not respond, there are ways to prove they have been served:

  • Personal Service – A court bailiff or professional process server can hand-deliver the papers to your spouse and provide a statement confirming delivery.
  • Deemed Service – If you have evidence that your spouse has received the documents (such as an email or message acknowledging them), you can apply for deemed service to proceed without their response.
  • Application for Alternative Service – If your spouse is actively avoiding service, the court may allow alternative methods such as email, social media, or sending the documents to their workplace.

Step 3: Applying to Continue Without Their Cooperation

If your spouse still does not respond, you can apply to the court to proceed without their input. The court may grant a conditional order (previously decree nisi) based on the evidence provided.

Once the six-week waiting period has passed after the conditional order, you can apply for the final order (previously decree absolute), which legally ends the marriage.

 

How Long Will This Process Take?

A straightforward divorce takes around six months, but if your spouse ignores the papers, this can add weeks for the above legal steps. The biggest delays often come from:

  • Waiting for proof of service
  • Applying for alternative service methods
  • Court backlogs in processing applications

 

What About Financial and Child Arrangements?

Divorce itself only ends the marriage, it does not resolve financial settlements or child arrangements. If your spouse engages in financial disputes, you will need to apply for a financial order through the court.

Similarly, if child arrangements cannot be agreed upon, you may need to seek a Child Arrangements Order through family court.

Key Takeaways

✔ Your spouse cannot stop the divorce by ignoring the papers.
✔ If they fail to respond, you can apply for alternative service methods to continue.
✔ The process may take longer, but the divorce will still be granted.
✔ Financial and child arrangements are separate matters and should be addressed alongside the divorce.

If your spouse is refusing to engage, seeking legal advice can help you navigate the process efficiently and avoid unnecessary delays. Our expert team can assist with serving papers, proving service, and ensuring your divorce progresses smoothly.