Respondent

Gap #517

The assumption

As the respondent, I will be told straight away when my spouse applies for the conditional order, and I will get an email at every stage.

The reality

What you receive depends on how the divorce application was made, whether it was online or by post, and on whether the court service holds your email address. GOV.UK says the court reviews the application for a conditional order, which can take several weeks. If the judge agrees, the court sends both spouses a certificate giving the time and date the conditional order will be granted. The published guidance does not describe a separate notice to the respondent at the moment of application, so some respondents may first hear at the certificate stage. One respondent told us they received emails and had to agree to every step by following the links sent. That is one person's experience, not a description of the official process. If you applied by post or the court has no email address for you, you may be contacted differently. If you were a respondent, which emails or letters did you receive, and at what stage? This is a community question, so please share only what happened to you and leave out names and personal details.

Gap #515

The assumption

My pension counts towards the £250,000 limit for the Express Financial Remedy pilot.

The reality

In the Express Financial Remedy pilot (PD36ZH), pension rights and Pension Protection Fund compensation entitlement are excluded from the £250,000 figure. "Total combined net assets" is the combined value of the applicant's and respondent's assets, after deducting liabilities and mortgages. A case with large pensions can still be inside the pilot if the rest falls under the limit.

Gap #513

The assumption

If the applicant says the assets are under £250,000, the Express Financial Remedy pilot applies and that is the end of it.

The reality

Under the Express Financial Remedy pilot (PD36ZH), the asset limit is that combined net assets are, or are considered by the applicant as likely to be, less than £250,000. That is the applicant's estimate. Either party can apply for a direction that the standard procedure applies instead. The application must give reasons and be filed and served as soon as possible, and generally no later than 7 days after the exchange of financial statements. The court looks at complex assets or income, other complex issues, an unviable first hearing, or a final hearing likely to need more than a day.

Gap #97

The assumption

I am being dragged to court to have my character defiled. I am the one being bullied here. My refusal to engage is self-defence.

The reality

A respondent's refusal to engage often leads to serious consequences. The applicant may have no choice but to go to court if the respondent won't participate. Under FPR 2010 Part 28.1 and the Senior Courts Act 1981 s.51, the court can order the non-engaging party to pay costs. The court may also draw adverse inferences from non-engagement, which can affect the outcome of the case.