Respond to divorce papers
Table of contents
What it means to receive divorce papers
If you have received divorce papers (known as a Civil Bill for divorce), it means your spouse is applying to the court for a divorce order. They are the applicant. You are the respondent.
You should have received:
- A copy of the Family Law Civil Bill
- The applicant’s Affidavit of Means
- The applicant’s Affidavit of Welfare (if there are dependent children)
- Form 37D (if the applicant has a solicitor)
- Any other documents filed by the applicant, such as separation agreements or prior court orders
Read all documents carefully. Divorce can affect children, maintenance, property, pensions, and finances.
What you should do
You must decide if you agree with what your spouse is asking the court to do. If you agree, you can consent. If you disagree, you can contest the divorce. In both cases, you must first submit a form called an Entry of Appearance.
Submit an Entry of Appearance
You must complete and submit Form 5 - Entry of Appearance. This lets the court know you’ve received the application and plan to respond.
Deadline: Usually within 10 days of receiving the Civil Bill. The exact deadline is printed on the Civil Bill.
More information on how to enter an appearance
Agreeing to the divorce (Consent case)
If you agree with the terms in the Civil Bill:
- You can send a letter to the applicant confirming agreement
- This is known as a consent case
Even if you didn’t agree initially, you can reach an agreement at any time during the process.
Documents to complete if consenting:
- Affidavit of Means (Form 37A) – your financial situation
- Affidavit of Welfare (Form 37B) – if you have children
All affidavits must be sworn in person before a solicitor (not your own) or a Commissioner for Oaths.
More information on getting help to reach agreement
Contesting the divorce (Contested case)
If you do not agree with the divorce application, you can contest it. This means telling the court what you disagree with and what you want instead.
Documents to complete if contesting:
- Defence and/or Counterclaim (Form 6A)
- Affidavit of Means (Form 37A)
- Affidavit of Welfare (Form 37B) – if you have children
All affidavits must be sworn in person before a solicitor (not your own) or a Commissioner for Oaths.
More information on completing a Defence
Proof of service
After completing your forms, you must send them to the applicant. Then you must provide the court with proof that this was done.
This is done using an Affidavit of Service, signed in front of a solicitor (not your own) or Commissioner for Oaths.
If you are asking the court to make a decision about a pension, you must also serve notice to the pension scheme’s trustees.
More information on how to serve documents and proof of service
Getting legal advice
You are strongly advised to talk to a solicitor before responding. They can help you:
- Understand what your spouse is asking for
- Know your rights
- Prepare documents correctly
- Understand the possible outcomes
You may also want to consider mediation to help reach agreement.
