Step 4
Respondent replies
Once the respondent has received the divorce papers, they can consent (agree) with the terms of the divorce as set out in the Civil Bill. They can also contest (disagree) with the terms. Whatever decision the respondent makes, they must enter an appearance with the court office.
If the respondent decides not to reply to the Civil Bill the applicant can still ask the court to proceed with the divorce.
How to enter an appearance
The respondent will need to complete a Form 5 - Entry of Appearance. In most circumstances the respondent has 10 days to submit the form to the court office. The length of time they have to do this is written on the civil bill.
More information on how to enter an appearance >
Respondent consents (agrees)
If the respondent agrees to the terms of divorce as set out in the civil bill, they can send a letter to the applicant stating that they agree. This is called a consent case.
If both applicant and respondent agree about the terms of the divorce, it usually means the process is quicker and simpler. Even if both parties do not agree initially, they can change their minds and reach an agreement at any stage in the process.
Any agreement about the terms of the divorce will be considered by a judge as part of a court order. The judge might ask for additional information or updated documents to be provided before making a final decision.
More information on getting help to reach an agreement >
If consenting to the divorce, the respondent will also need to complete:
- An Affidavit of Means. This is a statement setting out the respondent's financial circumstances. (Form 37A)
- An Affidavit of Welfare. This is a statement relating to the welfare of any dependent children of the marriage. (Form 37B)
The respondent must sign all affidavits listed above in person in front of a solicitor (but not their own solicitor) or Commissioner for Oaths and swear that the information given is correct before filing it with the court office and serving it on the other party.
Respondent contests (disagrees)
If the respondent does not agree to the terms of divorce, this is called a contested case. To contest the divorce, the respondent will need to complete:
- A Defence document. This disputes any terms in the civil bill and sets out what the respondent claims to be entitled to. (Form 6A)
- An Affidavit of Means. This is a statement setting out the respondent's financial circumstances. (Form 37A)
- An Affidavit of Welfare. This is a statement relating to the welfare of any dependent children of the marriage. (Form 37B)
The respondent must sign all affidavits listed above in person in front of a solicitor (but not their own solicitor) or Commissioner for Oaths and swear that the information given is correct.
More information on completing a Defence >
Proof of service
The court will ask for proof that the respondent has sent all relevant documents to the applicant. This means the respondent must complete an Affidavit of Service. The respondent must sign all affidavits in person in front of a solicitor (but not their own solicitor) or Commissioner for Oaths and swear that the information given is correct.
If the respondent is asking the court to make a decision about a pension, they must serve a notice to the trustees of the pension scheme.
More information on how to serve documents and proof of service >