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What a ‘divorce petition’ is

If your husband or wife has started divorce proceedings against you, the court will send you a ‘divorce petition’. This shows the reasons why they want a divorce. You’ll need to decide if you agree with these reasons and complete some paperwork.

If you agree with the divorce petition

If you have agreed the divorce with your husband or wife, there shouldn’t be anything in the divorce petition you disagree with.

Along with a copy of the divorce petition, the court will send you a ‘notice of proceedings’ (form D8) and ‘acknowledgement of service’ (form D10).

The notice of proceedings is for you to keep. It tells you the case number and what you should do next.

If you agree with everything on the divorce petition, you only need to complete and return the form D10 to the court.

You must do this within eight days of receiving it.

Once you’ve returned the form, the divorce process will continue.

• How the divorce process works

If you disagree with the divorce petition

If you disagree with the reasons given on the divorce petition, you can think about ‘defending’ it.

Divorces are usually only defended if one person either doesn’t want to divorce or they disagree with the reasons for divorce.

It’s important to bear in mind that defending a divorce can:

• take up a lot of time
• be very distressing to all involved
• lead to very high legal costs

So it’s a good idea to try to reach an agreement with your husband or wife if you can.

For example, you might disagree with the reasons (known as supporting ‘facts’) for the divorce your partner has put on the divorce petition.

While you could argue against it in court, it may be easier for you to try to agree these things without going to court. Then one of you can submit a new divorce petition. This could save you time and money.

Disagreements over money and property

If you have disagreements about money or property, you should handle these through a separate process. A 'financial order' (sometimes known as an ‘ancillary relief order’) is a formal arrangement made in court. You don’t need to defend a divorce because of these disagreements.

• What a financial order is

Disagreements over children

You may have disagreements about where the children will live and how much time they will spend with each of you. You should handle these separately and not by defending a divorce.

• Looking after children if you divorce or separate (parents section)

• Arranging child maintenance (parents section)

Legal advice if you’re defending your divorce

If you’re thinking about defending a divorce, it’s a good idea to get some professional advice.

There are many sources of advice – some are free, but you will have to pay for others. In most cases, you should be able to find a way to avoid defending the divorce.

Community Legal Advice can help you find advice.

• Find a legal adviser Opens new window

What you need to do to defend a divorce

If you decide that you do wish to defend the divorce, you or your adviser must fill in the form D10 that you were sent with the divorce petition. You must fill in the part of the form that says you are defending the divorce.

When you’ve sent in the form, the court will send copies to your husband or wife so they know you are defending the divorce.

After you have returned the form, you will have up to 21 days to say why you are defending the divorce. This is called ‘giving an answer’. If you live abroad this time may be extended.

‘Cross petitions’

Instead of defending a divorce, you may want to start your own divorce against your husband or wife. For example you may want to do this if you have evidence of their adultery or unreasonable behaviour. You can do this by completing your own divorce petition - known as a ‘cross petition’.

Once you have given your ‘answer’ or ‘cross-petition’ the court will usually fix a hearing to discuss the case. You and your husband or wife will usually have to attend to try to come to an agreement over the divorce.

If you miss the deadlines for responding to a divorce petition

The form D10 must be returned to the court within eight days of you receiving it.

If you don’t respond in time, your husband or wife may get court bailiffs to give you (‘serve’) the forms personally.

If you still don’t respond within another 21 days, your husband or wife can continue with the divorce proceedings as if you have agreed.

• How the divorce process works