What can I do if my ex won't acknowledge service of the divorce papers?

Once you have submitted your divorce application, the papers will be sent to your ex-partner for acknowledgement. This is as simple as following the instructions sent to their email and completing a short form online. Your ex must tick a box to say they either agree or disagree with the divorce. They have 14 days to do this.

The divorce cannot continue without acknowledgement from your ex. It may be the case that your ex doesn’t want to divorce, or is trying to delay matters, in which case they are refusing to acknowledge receipt.

If this is the case, there are alternative ways to prove to the court that they have had the divorce papers. This will involve exploring alternative methods of delivery.

You may be able to prove they have had the application through Deemed Service. To obtain Deemed Service you must provide the court with evidence that your ex has received the papers. If the court is satisfied with the evidence, they may make an order stating that your ex has had Deemed Service. You will then be able to continue with the divorce application.

Another way to prove acknowledgment is by personal service. This is where you instruct an agent to personally hand deliver the documents to your ex. The agent will then provide you with a statement declaring that the papers have been received. We can instruct an authorised agent on your behalf to serve the documents and assist you with trying to reclaim the costs of this from your spouse.

Our expert Family Lawyers have offices based in Wolverhampton,  Cradley Heath Sutton Coldfield and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton, Halesowen, Birmingham and beyond.  If you complete our online enquiry form or call us on 01902 328 355, a member of our team will contact you for an initial discussion.