When you file for a divorce, it can either be contested or uncontested. Although the law has changed, meaning a divorce isn’t necessarily contestable, there is still the option to dispute a divorce in certain limited circumstances.
What is an uncontested divorce?
An uncontested divorce is one in which both parties mutually agree to the divorce. There is only one ground for divorce and that is that the marriage has irretrievably broken down.
Since it is not contested or defended by one of the parties, it generally means that the divorce is much quicker, costs less and doesn’t require you to attend any court hearings.
What is a contested divorce?
A contested divorce is a divorce in which one party does not agree with the divorce.
Contesting a divorce is an expensive, time consuming and emotionally draining process and oftentimes, couples may not actually achieve their desired outcomes.
The main difference between uncontested and contested divorce
The main difference between an uncontested and contested divorce is that in an uncontested divorce, both parties allow the divorce to proceed whereas in a contested divorce, one party is challenging the divorce progressing. Even in uncontested divorce cases, it does not mean that all issues are agreed as there may still be a dispute in relation to the division of property, child custody or a financial settlement.
Uncontested divorces are usually much quicker than contested divorces, with contested divorces taking up to a year, if not longer, to complete.
Uncontested divorces are usually less expensive than contested divorces since there are less legal fees. The average cost of an uncontested divorce in the UK is around £600 to £1,200, whereas contested divorces can cost anywhere upwards of £2,000.
How does a contested divorce work?
As of April 2022 when No Fault Divorce was introduced, it is no longer possible to contest a divorce save in very limited circumstances given you do not need consent from the other party for the divorce to proceed and neither do you need their co-operation in returning the acknowledgement of service.
Previously, a party could contest a divorce if they did not accept the reasons given as to why the marriage had irretrievably broken down or did not accept the marriage had broken down irretrievably. The court required the party who was contesting the divorce to detail the reasons why. Once the divorce application, previously referred to as petition, had been served on the respondent there was a time limit of 7 business days to file the Acknowledgement of Service with the court.
In a contested divorce, the court required both parties to provide evidence to support their case. Once they had done this, a judge determined whether the spouse who filed for the divorce is entitled to it after hearing evidence.
Can a no-fault divorce be contested?
Yes, a no-fault divorce can be contested but only under very strict circumstances in which the court feels like they need to further investigate.
These circumstances include:
- If you do not believe that the Court in England and Wales has jurisdiction to deal with the divorce. For example if you and/or your ex-partner live in another country and have never lived in or have any link to England and Wales in England and Wales
- If you can prove that the marriage was never valid
- If you have already gone through divorce proceedings in another country
If you need to contest your divorce for any of these reasons, we highly recommend that you seek legal advice as soon as possible.
Can you switch from a contested to an uncontested divorce if you reach an agreement?
Yes, it is possible to decide to no longer contest a divorce.
You can change your mind at any point during the divorce provided the court has jurisdiction to deal with the divorce.
Can a contested divorce ruling be appealed?
Yes, a contested divorce ruling can be appealed if you have the right legal grounds to do so, including:
- The judge made a serious mistake
- The judge did not follow correct procedure
- The judge did not apply the law correctly
It is important to know you cannot appeal a ruling just because you don’t agree with it. If you’re unsure about your grounds of appeal, you should always consult a solicitor first.
Do you need a divorce solicitor for an uncontested or contested divorce?
Although you don’t technically need to have a divorce solicitor for an uncontested or contested divorce, we highly recommend you speak to one of our specialist divorce solicitors.
Our solicitors have years of experience helping divorcing couples find the most amicable outcome for everyone involved, including children. We will also help to guide you through the divorce process, no matter whether it is contested or not, by helping you to understand complicated legal language and outlining any issues that you may not have considered such as pensions.
Is it worth contesting a divorce?
Generally speaking, it is advised not to contest a divorce because of how time consuming and emotionally draining it can be and due to the very limited grounds on which a divorce can be contested.
However, if you really think it is worth your time to contest a divorce, we highly advise you to get in touch with our expert team today and we will help find the best possible solution for you.
Please note that by agreeing to a divorce does not mean you are agreeing any other matters such as the arrangements for children or a financial settlement as these matters will be dealt with separately.