Divorce Where Spouse Will Not Respond (Deemed Service)
A full lawyer managed divorce service for people who wish to proceed with a divorce but whose spouse will not co-operate and is unwillling to sign and return the papers.
This particular divorce service has been designed for people who want to get divorced, but who are fairly certain that their spouse will NOT agree to the divorce. In this situation you can still get a divorce if the reason given for the divorce is either "Unreasonable Behaviour" or "5 Years Separation". (You will probably not be able to get a divorce on grounds of "adultery" or "2 year separation" as they require your spouse's consent).
Option 1 : Submit petition, serve papers, apply for deemed service (for people who haven't started the divorce process)
£479
Option 2 : Serve papers using process server, do deemed service
(if divorce has started but now spouse won't respond)
£349
Who is this service suitable for?
If think that your spouse will agree to the divorce then you can use our uncontested divorce service.
If you are unsure whether or not your spouse will sign the divorce papers, then we suggest that you start with the uncontested divorce service. If they acknowledge receipt and sign the papers you will have nothing further to pay, and if they don't then you can always come back to this page and order Option 2 (above) to push the divorce through.
To qualify to apply for divorce in England or Wales you must either:
- Currently live in England or Wales ( and be of any nationality), OR
- Live overseas but have a strong link to England or Wales (e.g. born in UK, have UK passport)
You must have been married for 12 months before you can start a divorce. It does not matter which country you got married in.
If you, your spouse or your children are not UK nationals then please call our helpline for further advice.
What is the legal process?
Our partner law firm will manage your whole case from start to finish, including completing all of the necessary legal forms and submitting your case to court. To begin the process simply place an order online or speak to one of our expert advisors on our free telephone helpline.
Note: If you have already submitted the petition we will skip step 1 below and start from step 2.
1) Submit Petition
We submit the deemed service application and divorce petition document to the court. At this point you need to pay a £550 court fee (unless you are exempt due to low income).
2) Obtain Copy Of Paperwork from Court
We will write to the court to request that they send us a copy of the divorce petition and acknowledgement of service paperwork that needs to be sent to the respondent.
3) Process Serving
If your spouse fails to respond to the court then we will arrange for a second copy of the divorce papers to be delivered to them by hand by a court baliff or process server.
4) Application for Deemed Service
If your spouse still fails to respond then we will apply to court for a judge's approval to progress with the divorce without the repondent having acknowledged or consented to the divorce.
5) Decree Nisi
We will then apply to the court for a Decree Nisi, a judge will review the application and provided everything is in order then the divorce will proceed and a date will be set for the pronouncement of the Decree Nisi.
6) Decree Absolute
The Decree Absolute is the final certificate that legally ends the marriage. We can apply for this on your behalf 6 weeks after the Decree Nisi.
What is included in the service?
This comprehensive service includes all of the following:
Qualified lawyers will open a case file for you and will manage the whole process from start to finish. They will provide legal advice on matters relating directly to the divorce process (This does not include advise on financial or child arrangements).
We handle all communication to and from the court. We will also correspond with your spouse (and/or their solicitor). We will provide you with regular email updates as the case progresses.
We provide, complete and check all of the forms that the court require. All you need to do is to provide the basic information for your case such as personal and marriage details.
How much does this service cost?
This is a fixed fee service, the following costs are payable:
Option 1: We do the whole divorce from start to finish
- Our lawyer's fixed fee for this service is £479 payable when you order.
- There is a court fee of £593 for submitting the main divorce application to court..
- A further court fee of £155 for applying to proceed without your spouse's signature for applying to proceed without your spouse's signature
- Costs of £108 for the process server.
The above costs add up to a total of £1335 (including VAT).
Option 2: You have already started the divorce, we take over and complete it
- Our lawyer's fixed fee for this service is £349 payable when you order.
- A further court fee of £155 for applying to proceed without your spouse's signature for applying to proceed without your spouse's signature
- Costs of £108 for the process server.
The above costs add up to a total of £612 (including VAT).
How long will this service take?
An uncontested divorce can be done in around 4 to 5 months. This service will take a little longer, around 5 to 7 months, due to the extra time taken to serve court papers on your spouse and, if they still don't respond, to then apply for deemed service and proceed with the rest of the divorce process.
Who provides this service?
This service is managed from start to finish by a well respected law firm with a strong specialist team of experienced family lawyers, unlike other online divorce websites who use unqualified "case managers".
For your protection this service will be fully managed by a specialist family law firm that is accredited and regulated by the Solicitors Regulatory Authority.
As the leading divorce support website in the UK, Wikivorce is in a position to select the very best family law firms to provide our legal services. Our partner law firms have been hand picked by Wikivorce based on assessment of their knowledge and expertise in family law cases including divorce, child matters and financial settlements. We carefully monitor customer satsifaction to ensure a quality service.
Our specialist family law firms are all Lexcel accredited which is the Law Society's quality mark for excellence in legal practice management and client care.
Our solicitors are committed to providing a high quality professional service. We have worked with each of them to implement efficient, modern IT systems so that the lawyers can provide you with regular updates on the progress of your case and provides peace of mind that your case is in good hands.
Why should I choose Wikivorce?
There are clear benefits to using the Wikivorce service compared to other options:
Unlike other online divorce companies, our services are fully managed by high street firms of solicitors, who are regulated by the Solicitors Regulatory Authority. They have Lexcel accreditation which is the Law Society's mark of quality and excellence. You also have the added protection of Professional indemnity insurance and the Legal Ombudsman.
Our fixed fee services are far less expensive than your local high street solicitor. There are several reasons for this. We receive funding from the government and charities which subsidises the cost. We have invested in developing very efficient IT systems, and we handle thousands of cases each year, we are happy with a very small profit from each case.
Whilst you can do a DIY divorce and fill in the legal forms yourself, it is not straightforward and it is very easy to make a mistake. Currently around 50% of DIY divorce applications are rejected by the courts. It costs £95 in court fees to submit a correction and it delays the case by around 6 to 8 weeks. You also still have to pay the £593 court fee in a DIY divorce.
Divorce is about much more than the forms and legal paperwork. There are a huge number of questions and concerns that people have when they are suddenly faced with dealing with a relationship breakdown. Wikivorce is truly unique in providing you with 24 hour a day access to an active and caring support community to help you deal with these issues.
Our services have all been designed to be convenient and easy to access. Designed for busy people, we handle the whole process via email and over the telephone to fit around your lifestyle. So you can relax knowing you are in good hands. We provide regular updates on the progress of your case and our helpline is open 7 days a week up until 8pm.
How do I get started?
To begin the process simply place an order online or speak to one of our expert advisors on our free telephone helpline.
1) Place Order
Click the "Order Now" button at the top of this page to place an order on our website. You can pay by debit or credit card, Paypal or bank transfer. If you have any questions about our service or if you want to order by phone, just call our helpline on: 01202 805020.
2) Questionnaire Sent Out
We will send you by email a very simple questionnaire to gather basic information about your, your spouse and your circumstances.
3) Return Questionnaire
You complete the questionnaire and return it to us. If your divorce has not yet started then we also need you to send us an original copy of your marriage certificate (if you have lost it and were married in the UK then you can order a new marriage certificate from the gov.uk website for a small fee).
4) Pay Court Fee
We will send you a link so that you can pay the appropriate court fee online using a debit/credit card, alternatively you can pay by bank transfer to the solicitor. if you are on a low income you may qualify for help with court fees by completing an EX160.
5) Lawyers Begin Work On Your Case
Once you have provided the completed questionnaire your lawyer can get started with your case. If you have any more questions about how to get started please call our helpline 01202 805020.
