GUIDE • DIVORCE & SEPARATION
Responding to a divorce application
Receiving a divorce application can be unsettling, even if you knew your marriage was ending. Responding is usually straightforward, and dealing with it promptly keeps the process on track and protects your position. This guide explains what you need to do, how long you have, and what happens if you don't respond.
Written by Nicola Jones - Partner, Divorce and Family - Last reviewed 13th October 2026
KEY POINTS
- You must respond to the court within 14 days of receiving the application.
- Responding confirms you have received the papers. It doesn't mean you agree with everything.
- You can only dispute a divorce on very narrow legal grounds.
- If you don't respond, the divorce can usually continue without you.
- Finances and children are dealt with separately from the divorce.
What happens when I receive a divorce application?
The court will send you a notice of proceedings, usually by email, with a copy of your spouse's application and an acknowledgement of service. The notice includes an access code so you can respond online, or your solicitor can respond for you. In the acknowledgement of service, you confirm you have received the papers and say whether you intend to dispute the divorce. You may also be asked about jurisdiction and costs.
How long do I have to respond?
You have 14 days from the date the application was served on you to file your acknowledgement of service. If you intend to dispute the divorce, you then have a further 21 days, counted from the end of that 14-day period, to file an "answer" (Family Procedure Rules, rule 7.7). If the deadline is approaching and you're unsure what to say, speak to a solicitor as soon as possible.
Can I dispute the divorce?
Only in very limited circumstances. Since no-fault divorce was introduced in April 2022, the court treats your spouse's statement that the marriage has broken down irretrievably as conclusive, so you can't dispute a divorce simply because you don't want it. The main grounds are that:
• the courts of England and Wales don't have jurisdiction;
• the marriage was never legally valid; or
• the marriage has already legally ended, for example through a divorce abroad.
To dispute, you indicate this on your acknowledgement of service, then file an answer on form D8B and pay a court fee. A disputed divorce is likely to go to a hearing, so take legal advice first.
What happens if I don't respond?
Not responding won't stop the divorce. Your spouse can ask the court to treat the papers as served, for example by showing you received them by email, or the court can arrange for a bailiff to deliver them. The divorce can then continue without your involvement, and you may be ordered to pay the extra costs of proving service. If you're unsure what to do, a solicitor can help you work out your next steps.
What about our finances and children?
The divorce itself doesn't decide how your money and property are divided, or where your children will live. These are dealt with separately, by agreement or through the court, and agreeing to the divorce doesn't mean agreeing to your spouse's proposals. Your financial claims stay open until a court order deals with them, so it's usually sensible to have a financial order in place before the final order.
Should I get legal advice before responding?
You don't need a solicitor to respond, and many people do it themselves online. Even so, a brief conversation first is often worthwhile. A solicitor can check jurisdiction and timing, flag anything that could affect your finances or pension, and help you start discussions about money and children early, which tends to make the rest of the process smoother.
Common questions
Usually not, because the divorce itself is dealt with on paper and most financial and children matters are settled without a contested hearing. Mediation, collaborative law, arbitration and solicitor negotiation can all help you reach an agreement without going to court.
You can apply for the conditional order after a minimum of 20 weeks, and then for the final order six weeks and a day after that, so around seven months at the earliest. It often takes longer, especially if you wait for finances to be agreed before applying for the final order.
IN THIS GUIDE
What happens when I receive a divorce application?
How long do I have to respond?
What happens if I don't respond?
What about our finances and children?
PART OF OUR SERVICE
Divorce & separation
We handle both the divorce and the financial order, so nothing is left unresolved.
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How we work
An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.
