Reply to a divorce application
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1. Overview
If your husband or wife has applied for a divorce, the court will send you a copy of their application.
This guide is also available in Welsh (Cymraeg).
You’ll also get the following documents online or by post:
- a ‘notice of proceedings’ - this tells you your case number and what to do next
- an ‘acknowledgement of service’ form - you can use this to reply
There’s a different process if you want to apply for divorce yourself or you live in Scotland or Northern Ireland.
Keep the notice of proceedings safe.
You must reply by the deadline in the notice of proceedings. You can reply online or by post.
When you reply, you’ll say whether you either:
- agree with the divorce
- disagree with the divorce
If you reply that you agree with the divorce, the divorce will go ahead. You and your husband or wife will make arrangements for any children and for dividing up money and property.
If you disagree with the divorce, you’ll need to fill in an extra form after you reply. You can only disagree for legal reasons.
If you do not reply the divorce can still go ahead without you.
Get support
You can:
- get emotional and practical support from the Relate website
- find a counsellor on Counselling Directory
2. How to reply
You must reply by the deadline on your ‘notice of proceedings’.
How you reply depends on whether you have a solicitor.
Replying online
You can reply online if you do not have a solicitor.
You’ll need:
- the access code from your notice of proceedings
- to set up an online account
Get help replying online
If you have technical problems, contact the Courts and Tribunals Service Centre.
Courts and Tribunals Service Centre
Webchat
Online form
Telephone: 0300 303 0642
Monday to Friday, 10am to 6pm (except public holidays)
Find out about call charges
If you cannot use the internet or are not confident online, contact We Are Group.
We Are Group
support@wearegroup.com
Text FORM to 60777 and someone will call you back
Telephone: 03300 160 051
Monday to Friday, 10am to 6pm (except public holidays)
Find out about call charges
Replying by post
You must reply by post if you have a solicitor.
Post the notice of proceedings to the address on the form.
If you do not reply
The court can let the divorce go ahead without you. You might have to pay extra fees if this happens.
After you reply
The court will confirm that it got your reply and will send you a copy.
What happens next depends on whether you agreed or disagreed with the divorce in your reply.
You can check the progress of your divorce by:
- signing into your case, if you replied online
- getting in touch with the court, if you replied by post
Getting advice
You can get legal advice to help you decide what to do.
3. If you agree with the divorce
If you reply that you agree with the divorce, the divorce will go ahead.
You’ll work out with your husband or wife about how to separate money and property and the arrangements for any children. If you can agree, you will not need to attend a court hearing.
Your husband or wife will apply for:
- a conditional order - from 20 weeks after the divorce application
- a final order - from 43 days after the conditional order
When the final order is made, your marriage ends. You are divorced and can remarry if you wish.
Getting advice
You can get legal advice to help you decide what to do.
4. If you disagree with the divorce
You can only disagree with the divorce if you have a legal reason. For example, if you live abroad and the court in England or Wales does not have power over your case.
You cannot disagree because you do not want a divorce.
After you have replied saying you disagree, you must also fill in an ‘answer to a divorce application’ form to explain why you disagree.
Send it back to the address on the form within 21 days of getting your notice of proceedings.
You’ll have to pay £234 and may have to go to court.
You can apply for help paying court fees.
Getting advice
You can get legal advice to help you decide what to do.
5. If your husband or wife does not continue the divorce
What you do next depends on where things stopped.
If they have not applied for the conditional order
You can ask permission from the court to apply instead.
If they have not applied for the final order
You can fill in an ‘application notice’ form.
You need to wait at least 3 months, 6 weeks and 1 day after the conditional order.
You’ll have to pay a £190 fee and may have to go to court.
You can apply for help paying court fees.
Getting advice
You can get legal advice to help you decide what to do.
6. Start your own divorce
You might want to start your own divorce. For example, if your husband or wife changes their mind.
You’ll need to contact the court for permission and pay a £612 fee. You may have to go to court.
You can apply for help paying court fees.
Getting advice
You can get legal advice to help you decide what to do.