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Guide · No-Fault Divorce

Can You Get a No-Fault Divorce If Your Spouse Won't Respond?

📅 Updated May 2026 ⏱ 6 min read 📍 England and Wales only ⚖ Not legal advice

Yes. A spouse who ignores the divorce application, refuses to acknowledge service, or cannot be located does not prevent the process from proceeding. The court has clear mechanisms to deal with each scenario, but you need to take action rather than waiting passively.

14 daysfor respondent to acknowledge service
Yesdivorce proceeds regardless of non-engagement
Deemedservice available if acknowledgement not returned

What happens after the application is served

In a sole no-fault divorce application, the court serves a copy of the application on your spouse, the respondent, by post to the address you provided. The respondent then has 14 days to log into the HMCTS portal and complete the Acknowledgement of Service (Form D10), confirming they have received the papers.

If they acknowledge service and confirm they are not contesting the divorce, the process moves forward smoothly. If they do not acknowledge within 14 days, you need to take action. The court will not do this for you.

What to do if your spouse hasn't responded

1

Check the address you provided is correct

The most common reason for non-acknowledgement is a wrong or outdated address. If you have moved since the application was submitted or used an old address, contact the HMCTS divorce service to update it and request re-service.

2

Apply for deemed service

If you have evidence that your spouse received the application, for example, a signed Royal Mail tracked delivery receipt or evidence they have referred to it in correspondence, you can apply for deemed service. This asks the court to treat the application as having been validly served, even without the acknowledgement form being returned.

3

Instruct a process server

A process server personally delivers the divorce application to your spouse and provides a sworn certificate of service to the court. This creates a formal, independent record of service that the court accepts. Process servers typically charge £75–£200 depending on location and urgency. Once a certificate of service is filed, the 14-day acknowledgement requirement is satisfied.

4

Apply for alternative service

If your spouse cannot be found at their last known address, the court can authorise alternative methods of service, for example, service by email, through a solicitor known to act for your spouse, or via social media in some circumstances. You will need to demonstrate to the court what steps you have already taken to locate your spouse and why normal service has not been possible.

5

Apply for dispensation of service

In cases where your spouse genuinely cannot be located despite reasonable efforts, you can apply for dispensation of service, asking the court to proceed without service at all. This is a last resort and requires evidence of the steps you have taken to find your spouse. Courts grant it where satisfied that genuine efforts have been made.

Person reviewing correspondence and legal documents

If your spouse does not acknowledge service, you need to take active steps, the process does not move forward automatically.

💡 Use tracked delivery for the marriage certificate When submitting your application, make sure any correspondence address for your spouse is as current as possible. If you use a process server, Royal Mail tracked delivery gives you a delivery record that can support a deemed service application if needed.

What if my spouse acknowledges service but then goes silent?

Once a spouse has acknowledged service, their active participation in the divorce application process is not required. The 20-week reflection period runs regardless of what they do. You apply for the conditional order, they do not need to do anything. You apply for the final order, again, their participation is not needed.

A spouse who acknowledges service and then ignores all further correspondence does not delay the divorce. They simply have no say in the timing.

What about the financial process?

Non-engagement with the divorce application is different from non-engagement with the financial process. If your spouse refuses to participate in financial remedy proceedings, including completing Form E, the court has enforcement powers. But the financial process does require both parties to participate to reach resolution, and a spouse who stonewalls the finances creates significantly more difficulty than one who simply does not respond to the divorce application.

⚠ Non-engagement on finances is more serious than on the divorce Ignoring the divorce application delays it by a few weeks. Ignoring the financial process, Form E, court hearings, questionnaires, can result in costs orders, adverse inferences, and in serious cases contempt of court. If your spouse is refusing to engage with the finances, take legal advice on enforcement options rather than waiting.

Does a spouse need to sign anything for the divorce to be finalised?

No. Neither the conditional order nor the final order requires your spouse's signature or active participation. Both are granted on your application alone. Your spouse's cooperation makes the process smoother but their refusal does not prevent it.

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General information only. This guide provides general information about no-fault divorce in England and Wales. It is not legal advice. DivorceCompanion is not a law firm. For advice specific to your situation, consult a qualified family law solicitor at solicitors.lawsociety.org.uk.