What Should I Do if My Spouse Doesn’t Respond to a Divorce Application?

Ring being handed over in spouse divorce UK

Aug 2026 In: Family

Changes to Legislation in England and Wales

Following the introduction of the Divorce, Dissolution and Separation Act 2020, England and Wales moved to a “no-fault” divorce system from April 2022. Previously, one spouse could formally dispute a divorce application. That changed under the Divorce, Dissolution and Separation Act 2020. A spouse can no longer refuse a divorce, and it will proceed whether they agree or not, as long as one party states the marriage has broken down.

Can My Spouse Refuse a Divorce?

The short answer is no. Under the Divorce, Dissolution and Separation Act 2020, a spouse can no longer defend or block a divorce. The divorce will proceed as long as one party states the marriage has broken down.

However, a spouse may delay the divorce process, by refusing to respond to a divorce application. This won’t stop the divorce going through, but it can slow things down and add extra steps.

Need support through a particularly difficult divorce? Our family law solicitors can provide you with the divorce advice you need.

What No-Fault Divorce Means

Before April 2022, you had to prove your marriage had broken down due to one of five reasons. Even couples who agreed the marriage was over had to build a case against one another to satisfy the court.

The Divorce, Dissolution and Separation Act 2020 changed this so the only grounds for divorce is that the marriage has broken down. It is not necessary to give a reason.

Instead, no-fault divorce means the person applying simply provides a statement saying the marriage has broken down. The judge will not investigate what went wrong in the marriage, or ask either party to justify the decision. The statement itself is enough to move the divorce forward.

My Spouse Won’t Respond to the Application

This is a common cause of delay. After the application is sent, your spouse should acknowledge it. If they aren’t responding, the divorce doesn’t stall indefinitely. You’ll need to take an extra step to move it forward.

The court can deal with this in several ways.

Court Bailiff Service

If you know where your spouse lives, you can ask a court bailiff to deliver the application in person. A fee applies, but it is usually cheaper than instructing a process server. The bailiff will make one attempt at the address you provide, so it only works where you have a reliable address for your spouse.

Deemed Service

If you can prove your spouse has received the application, even if they haven’t formally acknowledged it, you can ask the court to treat it as served. You can prove this through a text message or email confirming they have seen it.

A Process Server

A process server is a professional who hand-delivers court documents to your spouse in person. They then provide a signed statement confirming delivery, which gives the court evidence that your spouse has received the application. Your spouse cannot then claim they never saw it.

Alternative Service

If standard postal or personal service isn’t possible, the court may permit delivery through:

An email or text message.
Social media accounts, e.g. Facebook or LinkedIn.
Through a third party, e.g. a close relative, employer or the respondent’s solicitor.

Dispensed Service

If you have exhausted all options and still have not received a response from your spouse, the court can allow the divorce to proceed without a response. The court will allow this if they believe you have done all you can to contact your spouse.

My Spouse Says They’ll Fight It

Your spouse may say this, but there is little they can actually do. Under the current law in England and Wales, a spouse cannot stop a divorce just because they disagree with it or do not want it. There are only three valid grounds to contest, and all are rare.

Jurisdiction: In cases with an international element, for example one spouse is based in England, the other lives abroad, a spouse can dispute whether England and Wales is the right place to hear the case.
Validity of the marriage: If a spouse argues the marriage wasn’t valid, they’re saying there’s nothing for a divorce to end. This can be due to one party being married to someone else at the time, an incestuous relationship or if one or both parties were under the legal age to marry.
The marriage has already ended: If the marriage was already brought to an end elsewhere, usually by a divorce obtained in another country that England and Wales recognises, there is nothing left for these proceedings to dissolve.

A dispute has to be raised formally, by filing an answer with the court within the time limit set out in the application. A court fee applies. It is also possible to challenge proceedings on narrow procedural grounds, such as fraud, but these are rarer still.

My Spouse is Stalling / Being Difficult

A spouse may delay the divorce process through non-response or general lack of co-operation.

There is a minimum wait of 20 weeks from the date the application is issued before you can apply for a conditional order. A further six weeks and one day must then pass before you can apply for the final order, which is the order that legally ends the marriage. That gives a minimum overall timeframe of around 26 weeks, and an unresponsive spouse can push it well past that.

If your spouse isn’t responding, it may delay this process in a few ways. Service has to be sorted out first, which can mean waiting on deemed service, a process server, or alternative service before the application is properly served. Therefore, a realistic timeline depends on how quickly these services issues are resolved. Delays can also happen if financial or children matters are running alongside the divorce as well.

My Spouse Won’t Engage on Finances or Children

This is a separate process to the divorce itself. Getting a divorce order ends the marriage. It does not decide how your assets are divided or where the children will live.

These are separate legal processes, and run on their own timeline, unrelated to how the divorce is progressing.

If your spouse isn’t responding regarding finances, you can apply for a financial remedy order. This decides how your assets will be divided between you.

A financial remedy order covers:

Property
Pension
Income
Savings

For more information on Financial Remedy Proceedings, read our guide here.

Support and Guidance through Difficult Divorces

Here at Cartwright King, we understand that a divorce is, more often than not, an extremely difficult time in a person’s life. It can be emotionally draining, can impact your work, and may strain relationships with children or other family members.

Your spouse’s refusal to work amicably with you can make the process much harder, but it does not have to stop you moving forward. Our family law team have years of experience supporting people just like you through one of the most difficult times in your life and are committed to getting our clients the result they need to move forward. With our expertise and knowledge of how to get a divorce in the UK if your spouse refuses, you can rest assured you’ll be in the best hands.

Our solicitors can assist you across England and Wales with any of your family matters.

Whatever the problem, our solicitors are on hand to support you through your divorce and help you live the life you deserve.

Frequently Asked Questions

Can a divorce go through without my spouse’s signature?

Yes. The court grants the divorce order based on your statement that the marriage has broken down, not on your spouse’s consent. Their signature is not required at any stage. If your spouse lacks the mental capacity to conduct the proceedings, the court can appoint a litigation friend to act on their behalf, though this needs medical evidence and is not something that applies simply because they are refusing to respond.

How much does it cost to serve divorce papers if my spouse won’t respond?

A non-responsive spouse doesn’t change the core divorce fee, but it typically adds the cost of hiring a process server to deliver documents, plus one or more court application fees on top.

Can my spouse refuse to agree on child arrangements?

Yes, but this is not dealt with as part of the divorce process.

If you and your spouse are struggling to agree on child arrangements, mediation is usually the first step, and in most cases you’ll need to attend a Mediation Information and Assessment Meeting before applying to court. If this isn’t successful, either parent can apply for a child arrangements order, which asks the court to decide where the children live and how much time they spend with each parent.

Can I chase my spouse myself before applying for deemed service?

Yes, there’s no rule against contacting your spouse directly to ask why they haven’t responded, and doing so can also help build the evidence you’d need if you do end up applying for deemed service. If your spouse replies to a text, email, or call and confirms they’ve received the papers, even informally, that response can be used as evidence for a deemed service application later.