Going through a divorce can be one of the most stressful times in a person’s life, but what if your ex refuses to cooperate?
No-Fault Divorce Pre April 2022
Prior to April 2022, there were many actions an ex could take to frustrate an application for divorce, such as contesting the divorce petition, avoiding service, escalate the legal fees as leverage. Since April 2022, the law in England and Wales has changes with the Divorce, Dissolution and Separation Act 2020 which introduced a ‘no-fault’ divorce.
No Fault Divorce Post April 2022
The changes also include simplifying the language so that you do not need a lawyer to make the application and can do this yourself instead. This now means that a party cannot be forced to remain in a marriage if they want to divorce.
Under the current law, you do not need your exes consent to start divorce proceedings as a sole applicant and the application is made online. You no longer need to apportion blame on the party you are divorcing, and you can rely on the sole ground that your marriage has broken down irrevocably. Your ex can no longer defend the application unless they are challenging the validity of the marriage or arguing that the Courts in England and Wales do not have the jurisdiction to deal with this matter.
If Your Ex Ignores The Application
Once the application has been issued, your ex (who will be the Respondent) is required to complete an Acknowledgement of Service. This confirms to the Court that they have received the court documents and clarifies whether the Respondent agrees to the divorce continuing or whether they intend to challenge it. It is important to try to keep communication with your ex civil, if at all possible. This will help avoid unnecessary delays.
If they simply ignore the application, there are other ways you can progress the application for divorce, it will just take slightly longer. You can ask the Court for an alternative method of service or to proceed without your ex’s response.
What Does This Mean For You?
It is important you obtain legal advice from the outset to understand the divorce process and understand what to expect. Divorce is just one part of the process as the financial or children matters may also require a resolution.
If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Associate Solicitor in our Family Law Department by calling 0333 240 7373, or email us at [email protected].
