No fault divorce update
New divorce legislation came into effect on 6 April 2022 and removed the option for one spouse to contest a divorce.
For more information, read our guide: No fault divorce: Everything you need to know.
In this article, we look at what happens if both parties do not agree to a divorce, what steps may follow, and where you can get support.
A defended divorce
A defended divorce is the term used when one party does not agree to the divorce. If you are the petitioner, meaning the person applying for the divorce, your solicitor will issue the divorce petition to your former partner, who is referred to as the respondent. However, they may deny that the marriage has broken down irretrievably for the reasons stated in the petition.
Disputes over the content of a divorce petition most commonly arose in relation to unreasonable behaviour or adultery claims. It fell to the petitioner to prove these claims. A solicitor would usually recommend avoiding inflammatory accusations in the divorce petition, as they were rarely helpful and could escalate the dispute rather than resolve it.
If no agreement could be reached to continue the divorce on an undefended basis, the dispute had to be dealt with by the Family Court. Although this was relatively rare, it did happen. It was strongly advised that both parties consult a solicitor before the case was heard by a judge.
How the court process worked
If a divorce petition was to be defended, the respondent had to state this by filing an Acknowledgement of Service at the Family Court within 14 days of receiving the petition. The respondent then had a further 14 days to file what was known as an Answer to the divorce petition.
Within the Answer, the respondent would set out which parts of the divorce petition they agreed with and which paragraphs they disputed. Drafting this response carefully was important, and experienced legal advice could help avoid unnecessary conflict.
If both parties were unable to reach a resolution themselves, a court hearing might be required to decide whether the marriage had broken down irretrievably. If the court was satisfied that it had, they would grant a decree nisi. This then allowed the petitioner to apply for a decree absolute after six weeks.
Why legal advice and mediation matter
As an experienced legal expert will explain, every effort should be made to resolve divorce proceedings through mediation or informal negotiations before resorting to court. Even where emotions are running high, finding a practical route forward can save time, stress and expense.
The costs of legal action with the support of a solicitor and barrister can be significant. Mediation and negotiated settlements can often help both parties focus on reaching workable arrangements without making the situation more difficult than it needs to be.
If you are unsure about your position, early legal advice can help you understand your options, your responsibilities and the likely next steps.
Getting help with the legal costs for a divorce
It is not usually possible to access legal aid for divorce proceedings unless you have been the victim of domestic abuse, including physical, sexual, psychological, financial or emotional abuse. In these circumstances, you may need a legal service provider who offers legal aid work.
Even where legal aid is not available, some legal professionals may offer fixed-fee advice or initial consultations to help you understand your position. Comparing providers can help you find the right support for your circumstances and budget.
Where to find divorce support
If you are facing divorce and need guidance, getting advice as early as possible can make the process easier to manage. Whether you are starting proceedings, responding to an application or trying to understand your legal options, professional support can help you move forward with more confidence.
Find and compare legal experts in divorce.
Looking to begin divorce proceedings? Click here.
Responding to a divorce petition? Click here.
