Contested divorce

What “contested” means

The word “contested” can mean different things:

Contested divorce (the divorce itself): Your spouse disputes the application to end the marriage. This is now very rare under no-fault divorce.

Contested finances: You can’t agree how to divide money and property. This is handled through financial remedy proceedings.

Contested children matters: You can’t agree on arrangements for children. This is handled through children proceedings.

Most “contested” divorces are actually uncontested on the divorce itself but contested on finances or children.

Can my spouse stop the divorce?

In short: no, not simply because they don’t want to divorce.

Since April 2022, the only ground for divorce is that the marriage has “irretrievably broken down.” You confirm this in your application. Your spouse cannot dispute it just because they disagree.

This was a deliberate change. Under the old law, the spouse who wanted to stay married could sometimes block or delay divorce. Now, if one person wants the marriage to end, it can end.

What can be disputed?

Your spouse can only dispute the divorce on very limited grounds:

Jurisdiction

They can argue that the courts of England and Wales don’t have jurisdiction – for example, if neither of you lives here or has sufficient connection to this country.

Validity of the marriage

They can argue the marriage isn’t legally valid – for example, if one of you was already married, if required formalities weren’t followed, or if consent wasn’t properly given.

Factual errors

They can point out errors in your application – wrong dates, incorrect information – and ask for corrections.

These rarely succeed

In practice, these defences are rare and usually unsuccessful. If you’ve been validly married and have proper connections to England and Wales, your spouse cannot prevent the divorce.

What if my spouse ignores the papers?

If you make a sole application and your spouse doesn’t respond to the acknowledgement of service:

1. Contact them (if safe) to remind them to respond
2. The court will advise on next steps after the deadline passes
3. Deemed service – you can apply for an order that the papers are “deemed served”
4. Alternative service – serve by another method if the usual method isn’t working
5. The divorce can proceed – your spouse can’t block it by simply ignoring paperwork

Not responding doesn’t stop the divorce; it just means your spouse loses the opportunity to participate in the process.

Disputing the divorce: the answer form

If your spouse wants to dispute the divorce (on the limited grounds available), they must complete an “answer form” explaining their objection.

If they file an answer form:

• The court will consider their objection
• There may be a hearing to decide the issue
• If their objection fails, the divorce proceeds
• If their objection succeeds (rare), the application may be dismissed

Most answer forms don’t succeed because the grounds for disputing are so narrow.

Contested finances

Disagreeing about money is different from contesting the divorce itself. If you can’t agree on finances:

1. Try negotiation or mediation first
2. If that fails, apply for financial remedy (Form A, £313 fee)
3. The court process involves disclosure, hearings, and potentially a judge deciding
4. This runs alongside or after the divorce itself

See our guide to financial remedy proceedings for details.

Contested children matters

If you can’t agree on arrangements for children:

1. Attend a MIAM (mediation information meeting)
2. Try mediation if suitable
3. If that fails, apply to court for a Child Arrangements Order (Form C100, £263 fee)
4. The court process involves Cafcass, hearings, and potentially a judge deciding

See our guide on what happens if you can’t agree about children.

The cost of contesting

Fighting through contested proceedings is expensive:

Contested finances: £20,000-£60,000+ per person is common for cases going to final hearing

Contested children: £10,000-£30,000+ per person for cases requiring multiple hearings

Time: Contested proceedings take 12-24 months

Emotional cost: Contested litigation is stressful and damages relationships

This is why mediation and negotiation are so strongly encouraged.

Practical advice

If your spouse threatens to “contest”

• Stay calm – they probably can’t block the divorce itself
• Understand what they might actually be disputing (finances? children?)
• Consider what’s really driving their objection
• Seek legal advice if you’re unsure

If you’re the one who doesn’t want the divorce

• Understand that you cannot stop it
• Consider whether fighting will make things better or worse
• Focus on getting a fair financial settlement
• Think about what’s best for any children
• Seek emotional support – this is hard

If finances or children are disputed

• Try mediation before court
• Get legal advice on your position
• Be realistic about outcomes
• Consider the costs (financial and emotional) of fighting
• Focus on the future, not the past

When litigation is necessary

Sometimes court is unavoidable:

• Your spouse refuses to engage at all
• There are serious safeguarding concerns
• Mediation has genuinely failed
• The amounts at stake justify the cost
• You need urgent court orders (protective orders, etc.)

If you do need to litigate, prepare thoroughly and get good legal advice.