Recent legal changes in the UK, spurred by the landmark case Owens v Owens, have simplified the process of filing for divorce, eliminating the need to prove specific reasons like adultery or unreasonable behavior. Now, the sole criterion is that the marriage has "irretrievably broken down." This change, inspired by the challenges faced by Mrs. Owens in her own divorce case, has made it much more difficult for a spouse to contest a divorce, except in rare cases involving jurisdiction, the legality of the marriage, or its dissolution.
What Happens When Your Spouse Doesn't Respond?
If your spouse fails to respond to the divorce petition, the court will initially try to notify them by mail or email. If this proves unsuccessful, they may contact the Department for Work and Pensions to obtain the necessary contact information. After the petition is filed, there's a 20-week reflection period during which your spouse has 14 days to acknowledge the proceedings. If they still don't respond, you'll need to provide proof that they received the documents, which may involve hiring a process server for personal delivery.
The Importance of Resolving Financial Issues
Sorting out financial matters during the divorce process is crucial. If these issues remain unresolved, financial claims could resurface in the future. When a spouse refuses to cooperate, legal action might be required to ensure they receive and respond to the necessary financial disclosure documents.
Consequences of Non-Disclosure
If your spouse refuses to fully disclose their financial information, the court has the power to make assumptions about their assets and can impose penalties. These may include covering your legal fees or other sanctions. In severe cases of non-disclosure, contempt of court charges could be filed, or previous orders might be overturned if dishonesty is discovered.
Before Heading to Court
Before taking legal action over financial disclosure, it's usually necessary to consider family mediation and attend a Mediation Information and Assessment Meeting (MIAM). Although only the person filing for divorce is required to attend the MIAM, your spouse's refusal to participate could be viewed negatively by the court.
Child Custody and Visitation
Mediation is often the recommended first step when disagreements arise over child custody or visitation. However, if one parent completely disengages from the process, the court may need to step in. It's important to note that courts generally avoid forcing a parent to maintain contact against their will, as this is not considered beneficial for the child's well-being.
Need More Information?
If you require further guidance on these matters or any aspect of family law, don't hesitate to seek professional legal advice. We have a team of family lawyers who are compassionate and experienced and are known for providing practical legal advice.