How to do your own divorce in 5 steps- STEP 3: Responding to a divorce application

Responding to a divorce application

In this article and video, I cover completing your divorce response and whether you can dispute or delay divorce proceedings.

The first thing to note is that if you are the Respondent you have 14 days from the date you receive the divorce application to file your response

Paper

If you are responding on paper you must use form D10

Online

If you are divorcing online and you are the Respondent, because your former partner is the sole applicant, you will be provided with a 16 digit reference number and 8 character access code in an email and letter, which invites you to the online application so that you can complete your Response

Disputing the divorce

There are only very limited reasons for disputing the divorce application.

Please remember that you are not entitle to dispute whether the marriage has broken down because there is no need for the applicant to prove that the marriage has broken down in the first place.

Also, if you do wish to dispute the divorce this cannot be done online. You will have to complete form D8B and pay another application fee of £245.

You must file form D8B at court within 35 days from the date your receive the divorce application.

If you do not do this your spouse will be able to continue with the divorce as if you have not disputed it.

You can only dispute the divorce application because, for example

1.You dispute that the court of England and Wales has jurisdiction because, for example, neither party lives in or has any connection with England and Wales

2.You dispute the validity of the marriage because, for example, you and your former partner never entered into a legally valid marriage or

3.The marriage or civil partnership has already legally ended. For example, if the marriage has already been brought to an end in proceedings outside England and Wales

It may also be possible to challenge divorce proceedings for reasons such as fraud and failure to comply with the correct procedure.

Delaying divorce proceedings

Form D10 question 7 asks whether you intend to ask the court to delay the divorce until it is satisfied with your financial situation.

If you do, you will need to complete a separate form and ensure that the court receives it before the application for the final divorce order is made.

When making its decision about whether to delay the divorce the court will take into account all the circumstances and your financial position, should your spouse/civil partner die first before a final financial order has been made.

The court may not delay the divorce if it is satisfied that your spouse/civil partner will or has made appropriate financial provision for you.

In my article and video about step 2 I referred you to where you can find help in my Divorce Manual with sorting out your finances with your former partner

Essentially, the divorce process builds in 5 months from the date of the divorce application to the date of the conditional divorce order to reach a mediated financial agreement which you can then ask the Judge to make binding once you have your conditional divorce order.

This should be plenty of time if you used a skilled mediator and work together with your former partner in mediation. This would mean that no delay with the divorce is necessary.

On to step 4, applying for the conditional divorce order