Contested Divorce UK - When Your Spouse Won't Agree

Can You Divorce If Your Spouse Won't Agree?

Yes. Under the no-fault divorce system introduced in April 2022, your spouse cannot contest the divorce itself. However, they can still dispute financial matters and child arrangements.

No-Fault Divorce Explained

The current system means:

• You simply state the marriage has irretrievably broken down
• No need to give reasons or blame
• Your spouse cannot challenge this statement
• The divorce will proceed regardless of their wishes

What Can't They Contest?

Your spouse cannot challenge:

• Your decision to divorce
• That the marriage has broken down
• The divorce proceeding

What Can They Contest?

They can dispute:

• Financial settlement (division of assets)
• Child arrangements
• Spousal maintenance
• Who pays legal costs

The Divorce Process With an Uncooperative Spouse

Step 1: Apply for Divorce

Submit your application online or by paper. You can apply as sole applicant or jointly (if spouse agrees).

Step 2: Acknowledge Service

Your spouse receives the application and must acknowledge receipt within 14 days. If they don't:

• The court can serve papers directly
• You can use a process server
• Apply for deemed service if necessary

Step 3: 20-Week Reflection Period

Mandatory waiting period from application date. Can't be shortened.

Step 4: Apply for Conditional Order

After 20 weeks. Court checks everything is in order.

Step 5: Apply for Final Order

6 weeks after Conditional Order. Marriage is then legally ended.

If They Won't Respond

Don't panic. Options include:

• Personal service: Process server hands papers to them
• Deemed service: Court accepts service has occurred
• Dispensing with service: In exceptional cases

Financial Disputes

If you can't agree on finances:

• Try mediation first (required in most cases)
• Apply to court for Financial Remedy Order
• Court will decide if you can't agree
• Process can take 12+ months

Child Arrangement Disputes

If you can't agree on children:

• MIAM (mediation information meeting) required
• Try mediation
• Apply for Child Arrangements Order if necessary
• CAFCASS involvement

Costs

Contested financial proceedings are expensive:

• Court fees: Several hundred pounds
• Legal fees: Often £10,000-£50,000+
• Usually both parties pay their own costs

Reaching agreement saves significant money.

Get Help

MCR Solicitors helps clients navigate difficult divorces. Call 0161 466 1280 for advice.