My wife hasn’t returned the Acknowledgement of Service. What can I do?

The law on divorce and dissolution of civil partnerships changed in England and Wales in 2021. It is no longer necessary to say that one party was at fault for the breakdown of the relationship. This change has made the process of applying for a divorce much easier. Many people are able to apply online, either on their own or jointly with their (soon to be) former spouse. 

When one person has applied for the divorce as a sole applicant, the other party will have two weeks from the date the divorce application is issued and sent to them by the Court to return an Acknowledgement of Service. The Acknowledgment of Service indicates whether the other party agrees to the divorce continuing. 

The only basis for disputing a divorce application is now that the Court of England and Wales does not have jurisdiction to deal with the application, for example because the parties do not have a connection to England and Wales or they were never legally married. Returning the Acknowledgment of Service is, therefore, usually a straightforward procedural step. 

However, in some cases the other party may simply choose not to return the Acknowledgement of Service, or suggest they have not received the documentation. The lack of an Acknowledgment of Service on the court file will prevent the divorce from progressing to the next stage. In this situation, it will be helpful to take legal advice. A specialist family lawyer can assist with serving the documents on the Respondent, either through solicitor service or a professional process server. 

If an Acknowledgment of Service is still not received, it may then be necessary to write to the other party to explain why they should return the Acknowledgement and to suggest they seek legal advice if they are in doubt.  Alternatively, you may need to make an application to Court. The Court can allow the divorce to proceed on the basis, for example, that service is deemed to have taken place, or the need for service can be dispensed with. 

It can be frustrating when a former spouse or partner does not return the Acknowledgment of Service promptly. However, this situation can usually be resolved to allow the divorce to proceed. 

For more information, please contact Rebecca Curran, Trainee CILEX Lawyer in the Family Law Team at SE-Solicitors at rcurran@se-solicitors.co.uk.