What Happens After Divorce Papers Are Served In The UK?

Going through a divorce can be emotionally overwhelming, and receiving divorce papers can trigger a range of emotions. However, it’s crucial to understand the next steps in the legal process. If you’ve been served divorce papers in the UK, taking prompt action is essential to protect your rights and ensure the process runs smoothly.

This article will guide you through what happens after divorce papers are served, including how to respond, what to do if you agree or disagree with the divorce, and the potential costs involved. We will also touch on recent changes, such as the No-Fault Divorce introduced in 2022, which simplified the process.

By understanding these key steps, you can undertake the divorce process with confidence and clarity, ensuring your rights are protected every step of the way.

What Happens After Divorce Papers Are Served in the UK?

Serving Divorce Papers

Being served with divorce papers, also known as a divorce petition, marks the official start of divorce proceedings. These papers contain crucial information about the divorce, such as the grounds for divorce and the details of the case.

Key Documents Included:
- Notice of Proceedings: This document provides essential details such as the case number and instructions on what you need to do next. It serves as an official notice from the court about the proceedings.
- Acknowledgment of Service: This form confirms that you have received the divorce papers and informs the court of your response.

Importance of Responding Quickly

Upon receiving the divorce petition, it is critical to respond within the required time frame. Delays or failure to acknowledge the papers could result in the divorce proceeding without your input, potentially leading to a default divorce.

What Happens After Divorce Papers Are Served in the UK?

What Happens If You Don’t Respond To Divorce Papers?

If you fail to respond to the divorce papers, the court may decide to proceed with the divorce without your involvement. In some cases, the court may even arrange for the papers to be delivered personally to ensure you are aware of the proceedings, and you may be required to cover the cost of this service.

Responding to Divorce Papers

Once you receive the divorce papers, you must respond promptly. You have two options: responding online or by post, depending on your circumstances.

How to Respond: Online vs. By Post

Online Response: If your notice of proceedings contains an access code, you can respond online. This option is available if you do not have a solicitor representing you.
Post Response: If you are represented by a solicitor or your notice of proceedings does not contain an access code, you must return the acknowledgment of service form by post.

Timelines for Response

7 days: If the petition was filed before 6 April 2022, you must respond within 7 days.
14 days: For petitions filed after 6 April 2022, the response must be made within 14 days.

Failure to Respond

Failure to respond within the required time frame can lead to the divorce proceeding without your consent. In some cases, the court may intervene and order the papers to be served to you personally, which could result in additional costs.

Agreeing to Divorce

Simplified Process

If you agree with the divorce, the process will be straightforward. After confirming your acknowledgment, the applicant (your spouse) can apply for a Conditional Order (also known as Decree Nisi), which is the first legal step towards the divorce.

Conditional Order (Decree Nisi): This order signifies that the court is satisfied that the divorce can proceed.
Final Order (Decree Absolute): Once the waiting period is complete, the final order is granted, officially ending the marriage.

Next Steps

Once the Conditional Order is granted, your spouse will need to apply for the Final Order, completing the divorce process.

Disagreeing with the Divorce

Grounds for Contesting Divorce

You may choose to contest the divorce for specific legal reasons, such as jurisdictional issues or if the correct legal procedures were not followed. However, the grounds for contesting a divorce must be valid under UK law.

Filling the Answer to Divorce Form

If you disagree with the divorce, you must fill out an Answer to Divorce form. This document outlines your reasons for disputing the divorce and must be submitted to the court within 21 days from the date you are due to respond to the divorce papers.

Court Hearing

In contested divorce cases, the court may schedule a hearing to resolve any disputes. You will need to attend this hearing, and the court will work with both parties to come to an agreement.

Cost of Disagreeing

Contesting a divorce can be costly. The fee for filing the answer is typically £245, and there may be additional costs associated with attending a court hearing.

Starting Your Own Divorce Proceedings

Who Can Start the Divorce?

If your spouse has initiated the divorce but has not yet finalized it, you may have the option to start your own divorce proceedings. This is particularly relevant if your spouse has not yet applied for the Final Order (Decree Absolute).

Conditions for Starting a Divorce

If the divorce petition was filed after 6 April 2022, you may need to request permission from the court to start your own divorce proceedings.

Application Process and Fees

To start your own divorce, you will need to file a divorce application form and pay a £593 fee.

If Your Spouse Does Not Finalize the Divorce

Taking Action

If your spouse has not filed for the Final Order after the Conditional Order is granted, you can take action. You will need to file an application for the Final Order yourself.

How to Apply for the Final Order

You can apply for the Final Order after a minimum of 6 weeks and 1 day from the granting of the Conditional Order. The cost for this application is £184.

Costs of Divorce in the UK

Divorce can be expensive, and understanding the potential costs can help you plan accordingly.

£593 for filing a divorce petition.
£245 for contesting the divorce.
£184 for applying for the Final Order.

Legal Aid and Fee Waivers

If you meet certain financial criteria, you may be eligible for legal aid or a fee waiver to cover the cost of your divorce proceedings.

Key Legal Codes and Acts

Divorce, Dissolution, and Separation Act 2020: This influential legislation introduced No-Fault Divorce, making it easier for individuals to get a divorce without blaming either party.
Family Law Act 1996: Key sections of this act outline the legal process for divorce and separation in England and Wales.

FAQs About Divorce in the UK

What Happens if I Don’t Respond to Divorce Papers?

If you don’t respond, the divorce may proceed without your consent, and the court may serve the papers personally to you.

Can I Contest the Divorce?

Yes, but only under valid legal grounds such as incorrect procedure or jurisdictional issues.

How Long Do I Have to Respond to Divorce Papers?

You must respond within 7 days if the petition was filed before 6 April 2022, or 14 days if it was filed after that date.

What if My Spouse Doesn’t Respond to the Divorce Papers?

If your spouse does not respond, the court may still proceed with the divorce, potentially ordering personal service of the papers.

Can I Start Divorce Proceedings if My Spouse Hasn’t?

Yes, but permission from the court may be required if the petition was filed after 6 April 2022.

Conclusion

Divorce proceedings in the UK can be complicated, but understanding the steps involved after receiving divorce papers can help you maneuver the process effectively. Whether you agree or disagree with the divorce, it is essential to respond promptly and take appropriate action to protect your rights.

If you are unsure about your situation or need legal advice, it’s crucial to consult with a solicitor to ensure that the divorce process proceeds smoothly. By acting within the required time frames and understanding your options, you can help bring closure to this challenging chapter.

Sources