One of the most frustrating situations in separation is when your ex-partner refuses to engage with the process, ignoring correspondence, failing to complete documents, missing deadlines or simply stonewalling. It is more common than you might think, and there are steps you can take.
The divorce itself
Since the introduction of no-fault divorce in England and Wales in 2022, it is now possible to apply for a divorce without the other party's participation. A sole applicant can proceed to conditional order and final order even if the other party does not respond, provided the correct process has been followed.
Financial proceedings
If your ex refuses to engage with financial disclosure, the court has powers to compel participation. Failure to comply with court orders can result in serious consequences including fines and, in extreme cases, imprisonment.
Child arrangements
If your ex refuses to engage with arrangements for the children, mediation may help. If not, you can apply to the court for a Child Arrangements Order. The court will make decisions based on the children's best interests, and non-engagement by one party does not prevent the process moving forward.