Deemed service when a husband ignored the divorce papers

By Garry SteedmanPublished 28 October 20269 mins read11 sections

Weeks after she started her divorce, our client was still waiting for it to move. Her husband had received the papers and even mentioned them in a message, yet he never returned the acknowledgment of service. Our family law specialists advised her on deemed service, so the court could treat the application as served and let the divorce go forward. This is an anonymised account.

A divorce application he chose to ignore

She had made a sole application online. The court issued it and sent it to her husband’s usual email address, with a notice to his home by post. He then had 14 days to file an acknowledgment of service. That deadline passed, and so did several more weeks.

Then a message arrived. In it he referred to “the divorce papers” and said he would not be signing anything. He clearly had the application, yet the case was stuck. She feared he could keep her in the marriage simply by staying silent.

If your spouse is doing the same, that fear makes sense, but the rules give you ways round their silence.

What the law says about deemed service

Since the no-fault divorce reforms, section 1(3) of the Matrimonial Causes Act 1973 says the court must take the applicant’s statement that the marriage has broken down irretrievably as conclusive evidence. However, service still matters. Rule 7.10(5)(a) of the Family Procedure Rules 2010 says the court must be satisfied that the divorce application was properly served. Until then, it cannot give directions on an application for a conditional order.

Rule 6.16 fits this situation. It applies where service was by email or by post, no acknowledgment of service has come back, and the court is satisfied that the respondent has received it. The court may then direct that the application is deemed to be served. The notes on Form D11 add that the evidence can be written confirmation, such as a letter, email or text.

Other routes exist. Under rule 6.9, an applicant can ask for a court bailiff to hand the papers over in person. Rule 6.5(3) stops an applicant doing that personally, so a process server is the other option. Where every permitted method is impracticable, rule 6.20 lets the court dispense with service.

Why we advised deemed service

We started with the message. It came from his number, in his own words, a few days after the court’s email, and it named the divorce papers. That was the kind of proof rule 6.16 looks for, so we advised her that deemed service was her best route.

Personal service would have meant paying a process server or requesting a bailiff, then waiting while someone tried to find him. He already had the papers, and the court only needed to be satisfied of that. Also, the D11 notes say deemed service applications do not require a hearing.

We helped her complete the D11 and a short supporting statement. It gave the date of the court’s email and the address it went to, which he had used for years, and explained how she knew the number was his. She attached screenshots of the whole thread, with dates and his contact details showing.

We also advised her not to message him for a better admission, as pressing him would add little. If the court refused, she could still ask for bailiff service. She signed the statement of truth and applied the same day, with our guidance.

The outcome and the waiting periods

The court granted deemed service, and the divorce moved on. Deemed service did not restart the clock. Under rule 7.9(1), she could apply for a conditional order once 20 weeks had passed from the date the court issued her application. Section 1(5) of the 1973 Act sets the same wait of 20 weeks from the start of proceedings.

Because the decision came through before those 20 weeks ended, the delay cost her nothing. When the time was up, she confirmed that she wished the application to continue, and the court made the conditional order. Under section 1(4)(b), the court cannot make it final until six weeks have passed from the date of the conditional order.

Every case turns on its own evidence, so this is not a promise about any other divorce.

What you can take from this

First, keep anything that shows your spouse has the papers. A message in their own words, with the date visible, is strong evidence.

Next, if you can prove receipt, a deemed service application can save you arranging personal service. If you cannot trace your spouse at all, ask about dispensing with service. Our guides to the D11 form and to how long a spouse can drag out a divorce cover the next steps.

Finally, act early. The 20 weeks run from the date of issue, so sorting out service before then means you lose no time. Our divorce specialists can help at every stage. You can also read how we prepare these success stories.

“If your spouse ignores the divorce papers, keep every message from them in its original form as well as screenshots, and avoid replying while you wait, because the court may read the whole thread. Use the 20 weeks to gather your financial documents. A final order ends the marriage but leaves the money questions open, and if you remarry before applying, you lose the right to ask for maintenance, a lump sum or a property order in your favour.”

Garry Steedman, Family Law Consultant, Kabir Family Law

Talk it through with us

If your divorce has stalled because your spouse will not respond, you do not need to work it out alone. A free initial consultation is confidential and carries no obligation. Tell us what has happened and bring any message that shows your spouse has the papers. Our family law specialists will explain your options.