The process of filing for a divorce is relatively simple in England and Wales as long as both parties cooperate with each other. However, issues can arise at the point of serving the divorce papers which can develop into complications.
How long does it take the court to serve divorce papers?
Once you’ve filed for a divorce, you will be sent a notice that your application has been received. If you have applied online, this can take up to 10 days, and if you’ve applied through post, it can take up to 1 month.
The court will send your spouse the Acknowledgement of Service form, which outlines if they agree to the divorce or wish to defend it. They have 14 days to respond.
You can learn more about how long the entire divorce process takes in our dedicated blog.
How are divorce papers served?
The court would generally serve the divorce papers on the respondent via the post, provided the respondent does not live abroad. If the respondent lives overseas, then it is the responsibility of the applicant to serve the respondent with the divorce documents.
Who can legally serve divorce papers?
The court would usually serve the divorce papers, but if the respondent does not co-operate and return the Acknowledgement of Service, then process servers can be instructed to serve the divorce papers for you.
If you can’t locate your spouse, then you may need to also instruct them to trace your partner’s whereabouts before service can be attempted. They have access to a range of useful tools and data that can help you sort the issue promptly. Once your spouse is located, the server will then present the divorce papers and ensure they have been correctly served.
A process service will basically do all the hard work for you, and all you have to do is provide them with as much information as possible to enable them to serve your divorce papers; and ideally, a photograph of your spouse.
What happens when divorce papers are served?
Once you’ve served your spouse with the divorce papers, your partner must:
- Read the divorce documents;
- Look at the terms and reasoning of the divorce;
- Complete and return the Acknowledgement of service to confirm if they accept it or want to contest it.
This must be done within 14 days and once it is completed, you’ll be able to apply for a Conditional Order (previously known as the Decree Nisi).
Conditional order
This is the first decree of separation, meaning the courts find no reasonable reason why they can’t grant you a divorce. If this is ruled by the judge, the Conditional Order (previously known as a Decree Nisi) will be pronounced.
Once you have this, you’ll be able to apply for the final divorce order (previously known as the Decree Absolute) 6 weeks and 1 day after the date of the Conditional Order.
Final order
The final order is the final step in the divorce process and it will usually be pronounced as soon as the court receives the application, provided the Conditional Order was not made more than 12 months ago.
You must apply for the final order as this is what legally finalises your divorce and ends your marriage.
Financial settlements
Any agreements with your spouse regarding property or finances should be put into a Consent Order by a family law solicitor in order to create an agreed financial settlement, as without getting the agreement embodied in a court order, it will not be legally binding.
However, if it is not possible to obtain a Consent Order, then the agreement can be embodied into a Separation Agreement. The court should uphold the terms of a Separation Agreement provided it is:
- Fair;
- Has been properly drafted with each party providing full and frank disclosure;
- Neither party has been put under duress to sign the agreement.
If you do not obtain a financial order from the court which confirms that the settlement is in full and final settlement of all financial claims arising from the marriage, then financial claims can still potentially be brought after the divorce has ended.
Therefore, in addition to dealing with the divorce, it is always advisable to obtain a clean break order to stop any future claims to finances being made by either side.
What happens if my spouse doesn’t respond to divorce papers?
If your spouse doesn’t respond or want a divorce, there are methods you can use to ensure the divorce process proceeds.
You can read our full guide on how to get a divorce without consent for more information and guidance on what to do if your spouse is not co-operating or responding to the divorce papers.
If you are considering starting the divorce process, or you are struggling to get in contact with your spouse to serve the divorce papers, contact VM Family Law today to see how our expert family law specialists can help you.
We know how emotionally draining divorce can be, which is why we take the time to understand your specific circumstances and provide you with all the expert advice and assistance you need.