Divorce can be a complex and emotionally taxing process, even in the most amicable of circumstances. However, when one spouse opposes the divorce or disputes the grounds upon which it is filed, the situation can become significantly more complicated. In England & Wales, recent reforms have simplified the process in many ways, yet a disagreement from one party can still lead to delays, increased costs, and emotional strain. Exploring the legal ramifications, procedures, and potential outcomes of a contested divorce provides valuable insight into how such disputes are navigated under the current legal framework.
The Legal Framework for Divorce in England and Wales
The legal basis for divorce in England & Wales is governed by the Matrimonial Causes Act 1973, which outlines the conditions under which a marriage can be dissolved. However, the Divorce, Dissolution and Separation Act 2020, which came into force in April 2022, introduced significant changes to divorce law. The new legislation aims to reduce conflict between divorcing couples by removing the need to assign fault or prove the irretrievable breakdown of the marriage through specific grounds such as adultery or unreasonable behaviour.
Under the current system, couples no longer need to allocate blame; instead, a statement of irretrievable breakdown is sufficient. This statement can be made by one spouse (a sole applicant) or both spouses jointly. Importantly, the law now restricts opportunities to formally contest a divorce petition, reflecting a broader intention to depersonalise and simplify the process.
Can a Divorce Be Contested?
Since the introduction of no-fault divorce, one of the most frequently asked questions is whether a spouse can still contest the proceedings. The answer, in most cases, is no. The Divorce, Dissolution and Separation Act 2020 significantly narrowed the grounds on which a divorce application can be disputed. A respondent may only contest the divorce if they can challenge the jurisdiction of the court, argue that the marriage is not valid, or that it has already legally ended, for example by a previous divorce or annulment.
A difference in opinion about the merits of divorce or a desire to remain married, in itself, is no longer sufficient to block the process. This means that a spouse who wishes to remain in the marriage cannot prevent the divorce simply by contesting the assertion that the relationship has irretrievably broken down.
However, while it is difficult to challenge the divorce itself, disputes can arise about related matters such as finances, property, and arrangements for children. These ancillary issues are often the centre of genuine contention between divorcing spouses and may require separate legal proceedings if not resolved by agreement.
Responding to a Divorce Application
When a sole application is made for divorce, the other spouse, known as the respondent, is served with notice of the divorce and given the opportunity to acknowledge receipt of the application. The respondent must complete and return the acknowledgment of service form within 14 days. Failure to respond can delay the process but will not prevent it, as the court has mechanisms to proceed in the absence of cooperation.
If the respondent wishes to dispute the application on any of the limited valid grounds — jurisdiction, validity of the marriage, or prior legal termination — they must file an ‘answer’ within 21 days of returning the acknowledgment of service. This initiates a defended divorce and could lead to a court hearing to determine the legitimacy of the objection. However, such cases are exceptionally rare under the current law.
Where no valid dispute is raised, and all procedural requirements are met, the applicant can apply for the conditional order — formerly known as the decree nisi — after a minimum 20-week reflection period from the issuance of the divorce application. This waiting period is designed to allow both parties time to reflect and reconsider, especially in circumstances where only one party seeks the divorce.
Impact on Financial and Child Arrangements
Although the divorce itself may not be contestable, the termination of a marriage does not automatically resolve financial matters or child arrangements. Spouses are encouraged — and often required — to seek agreement on the division of assets, spousal maintenance, and responsibilities for childcare. These issues can be addressed either through negotiation, mediation, or ultimately litigation if agreement proves impossible.
In many cases, the most acrimonious disputes during the breakdown of a marriage stem from financial disagreements. The court has discretion to make a wide range of financial orders, including property transfers, pension sharing orders, lump sum payments, and ongoing maintenance. Where one party is dissatisfied with proposed terms or feels entitled to more, this can lead to prolonged court proceedings even after the divorce is finalised.
Similarly, if the couple have children under 18, and they are unable to agree on where the children will live or how time will be divided, the dispute may be escalated to the Family Court. The guiding principle in such cases is the child’s welfare, and the court will assess what arrangements serve the best interests of the child, rather than favouring either parent.
When Emotions Collide with the Legal Process
A spouse who disputes a divorce application is often motivated by emotional, religious, or practical considerations. Some may hold genuine hopes for reconciliation, others feel wronged by the dissolution of the marriage, and some may fear the financial or social implications of divorce. Unfortunately, the legal process can offer little solace in such situations, particularly under the new regime that streamlines the path to divorce irrespective of whether both parties are emotionally ready to move on.
Though the law no longer requires one spouse to agree to the divorce, this can exacerbate feelings of powerlessness in contentious scenarios. It is not uncommon for the responding spouse to experience a sense of betrayal or injustice. While their emotional state is acknowledged by the court and support services are available, the legal system is focused on issuing a resolution rather than mediating personal acceptance.
In such cases, alternative methods of support become crucial. Counselling, family therapy, and support groups may all make a meaningful difference in helping individuals process the breakdown of a relationship, particularly when they do not feel ready for closure in the legal sense.
The Role of Mediation and Alternative Dispute Resolution
One way in which divorcing couples in England & Wales can seek to reduce conflict and avoid court is by engaging in mediation or alternative dispute resolution (ADR). While mediation focuses on facilitating communication to reach mutual agreements, ADR encompasses a broader range of techniques such as collaborative law, arbitration or negotiation through solicitors.
Mediation is not mandatory for divorce itself, but courts require applicants to attend a Mediation Information and Assessment Meeting (MIAM) before applying for financial or child arrangement orders — unless exemptions apply. Engaging in mediation offers couples an opportunity to resolve outstanding matters more quickly, less expensively, and with a greater degree of personal involvement in the final outcome.
It is worth noting that mediation may not be suitable in cases involving domestic abuse or significant imbalance in power, where one party may not feel safe or confident participating. In these situations, the court can allow financial or child arrangement disputes to proceed without the mediation requirement.
Delays, Costs, and Complexities in Contested Situations
When one party disputes elements of the divorce or delays returning the acknowledgment of service, it can slow down the process considerably. Although the court has powers to move proceedings forward in the absence of participation, additional steps and legal submissions may be required to satisfy procedural prerequisites.
The presence of disputes also significantly increases the likelihood of needing legal representation. Solicitors’ fees and court costs can mount quickly, particularly where hearings are needed to resolve issues. Legal aid is limited in England & Wales and generally not available for divorce unless domestic violence or child protection issues are present. As a result, many individuals facing a contested divorce or complex financial disputes may bear significant out-of-pocket expenses.
Complexities can also arise where one spouse lives overseas, or the marriage took place in a different jurisdiction. Issues of international law and cross-border enforcement of financial orders can add layers of complication. In such scenarios, expert legal guidance is essential to navigate procedural requirements and assess jurisdictional viability.
Looking Towards Finality
A divorce reaches conclusion with the granting of the final order, formerly known as the decree absolute. For sole applicants, there is a mandatory minimum waiting period of six weeks and one day after the conditional order before they may apply for the final order. For joint applications, both parties must take steps to confirm their intention to proceed to finalisation.
Once the final order is made, the marriage is legally dissolved, and both parties are free to remarry. However, certain rights, particularly with respect to pensions and inheritance, may only be protected by securing a court-approved financial order — known as a financial remedy order — regardless of whether there is contention.
Failing to resolve financial matters before the divorce is finalised can result in problems later, including ex-spouses pursuing claims against each other long after the end of the marriage. Therefore, even in disputes, it is prudent to seek comprehensive legal closure, not just emotional or procedural finality.
Support and Guidance for Spouses Facing a Disputed Divorce
For spouses facing the emotional and logistical challenges of a contested divorce, understanding their legal position and accessing support is crucial. Legal advice is indispensable from the outset, especially when questions arise around jurisdiction or the validity of the marriage.
In addition, numerous support services exist across England & Wales, including Citizens Advice, family support charities, and organisations specialising in domestic abuse. These resources provide practical help and emotional support to those navigating a path they may not have willingly chosen.
While the removal of blame from divorce law has made it harder to oppose the ending of a marriage itself, it also provides clearer pathways for resolution. Divorcing spouses — even those who disagree — now engage with a system designed to offer certainty, minimise animosity, and encourage collaboration wherever possible.
Conclusion
When one spouse disputes the dissolution of a marriage in England & Wales, the legal avenues for doing so are now extremely limited. While emotional resistance and disagreement still play a significant role in the human experience of divorce, the law prioritises decisiveness and clarity over consent in the continuation of a broken marriage. Nevertheless, disputes about finances and children remain central challenges requiring careful handling within and beyond the courtroom.
For those facing such circumstances, the road ahead may not be easy, but armed with legal knowledge, appropriate support, and a focus on resolution, it is possible to navigate even the most difficult of endings toward a hopeful new beginning.