What do I do if my spouse refuses to acknowledge my application for divorce?

When you apply for a divorce, your spouse should receive a notification by post confirming that an application for divorce has been made. They will also be provided with a link by email to allow them to view the application online via the HMRC portal. On receipt of the application, your spouse will be informed they need to complete the acknowledgement of service within 14 days.

Once your spouse returns the acknowledgement of service, the divorce can progress to the next stage, and you will be able to apply for the Conditional Order 20 weeks after the divorce application was issued.

Since the introduction of No Fault Divorce in April 2022, there are limited grounds by which a divorce can be disputed. However, on occasion, one spouse can be obstructive in allowing the divorce to proceed by refusing to acknowledge the application. Where this is the case, there are a few options available:

Personal Service

A professional process server can be instructed to deal with the service of the application personally on your spouse for a small fee. Usually, a process server will make a number of attempts to serve your spouse; this could be at their home or at an alternative address, like their work address. You will need to supply the process server with your spouse’s full name, address, and a photograph to enable them to locate and identify the individual to be served.

Once the spouse has been served successfully, the process server will prepare a certificate of service that confirms they have achieved service. This will then be submitted to the Court as evidence that service has taken place.

Deemed Service

An application can also be made to the Court for ‘deemed service’. This is an appropriate option where your spouse has been served with the application and has not filed an acknowledgement of service, however, there is evidence which suggests that your spouse has received the divorce application.

The evidence relied on could be an email or text message from your spouse confirming they have received the application. You should include as much evidence as possible in your application for deemed service to ensure it is approved.

Dispensed Service

If all other options have failed, or it has not been possible to serve the divorce application, for example where your spouse could not be located, an application can be made to the Court for service to be dispensed with. The Court will only dispense with service in limited circumstances, as this essentially asks the Court to remove the need for service altogether.

In order for the application to be successful, it must be proven that all efforts to serve your spouse have failed. The application will need to set out all of the attempts that have been made, or, if relevant, all of the enquiries made to locate your spouse.

If you are having difficulties getting your spouse to cooperate with a divorce and would like to discuss your options, please feel free to get in touch and we will be happy to help. We offer an initial 15-minute telephone consultation free of charge. 

You can contact me via email claudia.hubert@birkettlong.co.uk or call me on 01245 453810.