My Spouse Has Failed To Apply For The Conditional Order of Divorce – What Can I Do?

Parties

The person submitting the Divorce Application is called the Applicant. The person responding to the Divorce Application is called the Respondent. If it is a joint Divorce Application the parties are called Applicant 1 and Applicant 2.

Who can apply for a Conditional Order of Divorce?

An application for a Conditional Order of Divorce may only be made by:

• In a sole Divorce Application, the Applicant;
• In a joint Divorce Application, by both parties; or
• In a joint Divorce Application, by one party.

Therefore, the Respondent cannot apply for a Conditional Order of Divorce.

What steps can be taken if the Applicant fails to apply for a Conditional Order of Divorce?

If the Applicant continues to refuse to apply for the Conditional Order of Divorce then the Respondent would have to make an application to dismiss the first Divorce Application to enable them to file their own Divorce Application. The application would be made on Form D11.

The Court may make an ‘Unless Order’ i.e. an Order that the first Divorce Application be dismissed unless the Applicant applies for a Conditional Order of Divorce by a stated date. The Court could potentially make an Order for Costs against the Applicant.

Where the Respondent makes their own Divorce Application, it is to be treated as an application in the same first Divorce proceedings.

Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.