No fault divorce update
New divorce legislation came into effect on 6 April 2022 and changed the divorce process.
Contesting a divorce petition is no longer possible.
This means your options when responding to a divorce petition are limited.
You can dispute a divorce petition on technical legal grounds, such as if you were not legally married. But you cannot contest it simply because you do not want to get divorced.
The chances of one of the grounds to dispute a divorce petition applying to you are low, although you are free to rely on them if they do.
So, there are only a few options when it comes to responding to a divorce petition. You can either agree to the divorce or start your own divorce application.
For more information about the no fault divorce legal process, read our guide: No fault divorce: Everything you need to know.
Receiving a divorce petition
If your spouse applies for a divorce, you will receive a divorce petition in the post. As the receiver of the petition, you become known as the respondent throughout the divorce court proceedings. Your husband, wife, or spouse is known as the petitioner.
Once you have received the petition, you have 8 days to return the acknowledgement of service form to the court. If you do not respond within this time, the divorce may still go ahead.
It is important to read the petition carefully and make sure all the details are correct. Take extra care with section 6, which sets out the reasons and details of the divorce. Reasons might include domestic abuse or unreasonable behaviour. You will then have to decide how you want to respond.
Do you have to respond to a divorce petition in the UK?
You cannot prevent a divorce. Even if you choose not to respond to a petition, there is nothing you can do to stop the divorce process. Responding with an acknowledgement within 14 days of receiving the petition is advised. Whether you choose to agree or intend to dispute the divorce is your decision.
If you choose not to respond to the petition, your husband, wife, or spouse can prove that you received the papers. From there, the family court will progress the divorce.
Four ways to respond to a divorce petition:
1. Agree with the divorce
If you can decide all the details with your spouse beforehand, this is the quickest and cheapest option. Double check all the divorce details and then agree to the divorce in the acknowledgement of service form within 8 days.
2. Ask for amendments
You do have the option to ask for amendments to be made. This applies if you think any details in the divorce are wrong or if you believe accusations against you are false.
To do this, contact your spouse or their divorce lawyer. Once amended, you will then have to follow one of the other steps. Amendments to petitions incur a £90 fee.
3. Defend the petition
If you have not reached an agreement on the details of a divorce, you can defend it. Once you have returned your acknowledgement of service form, you have a further 21 days to explain why you are defending the divorce.
This is called giving an answer. It will involve a family court hearing, so you should contact a family law solicitor immediately. The fee for defending a divorce is £245.
4. File for your own divorce
In complex situations such as a childcare dispute, you may want to petition for your own divorce. This will also include a court hearing, so you should seek legal advice. You will have to pay the £593 divorce petition fee.
What happens next?
If you agree to the divorce, you and your husband or wife can then apply for the next step in divorce proceedings, decree nisi. After a further 6 weeks, you can then apply to the court for decree absolute, making you legally divorced.
If you cannot agree on the details and the divorce is being defended or met with a cross-petition, a court will decide how to resolve the issues. Once this has happened, you can proceed to the next step of the process.
How long does a divorce take in the UK?
Divorce is an emotional experience, and most people do not want the process to take any longer than necessary. Exactly how long a divorce will take depends entirely on the circumstances of the case.
If you and your spouse reach agreements quickly, the divorce can progress more smoothly and more quickly. If you disagree heavily, processes like mediation, court hearings, and other delays will extend the timeline.
Government data suggests that, on average, divorces in the UK can take 10 to 13 months to complete. However, these figures do not account for application errors, court delays, or delays caused by respondents.
Do you need a solicitor when responding to a divorce petition in the UK?
An experienced divorce solicitor will be able to explain the process, the fees, and any legal jargon. If you have to attend court, you should seek legal advice as soon as possible.
The process for deciding childcare and financial arrangements is separate from the divorce itself. But if you and your spouse can decide these details before you start the process, it will often make your divorce easier and less expensive. If you cannot agree, you will need a solicitor and may have to attend a court hearing. Some things to think about include:
- The grounds for divorce you will use
- If you have any children, what you will do about childcare
- What will happen to any finances you share
- If you own property together, how it will be divided
It is standard practice for the petitioner to claim costs from the respondent. Again, if you can agree on this beforehand, it will make the process easier. If your spouse has contacted family law solicitors, ask to see a schedule of costs and, if they are reasonable, agree to pay half.
