If one party is not agreeable to a divorce then matters can become complicated. A set procedure will need to be followed within certain time limits and the content of the petition defended. Defending a petition is costly and stressful and unlikely to be successful as one party who wishes to end a relationship cannot be forced to remain married. Therefore, a defending party will usually be advised to allow the divorce to proceed, and perhaps negotiate some changes to the reason cited within the petition if this is in their benefit. The most common reason of contested divorce is usually the division of assets between the two parties.
If you fear that your spouse/civil partner will defend a divorce, do seek advice and your fears can be allayed.
For more extensive advice and information please email or call us to book an initial consultation.
Frequently Asked Questions
How long do I have to be married before I can start a divorce?
You have to be married for at least one year before divorce can be commenced.
Do I have to divorce in the country where the marriage took place?
No. You are able to divorce in the UK as long as you or your spouse have been resident here for at least one year before starting your case, or you and your spouse are domiciled in the UK.
If my spouse and I have been separated for two years, are we automatically divorced?
No.The same procedure has to be followed before divorce is finalised.See Our Flowchart
What paperwork do I need to start a divorce?
– A divorce petition
– Original Marriage Certificate, with translation if appropriate
– A fee
How long does it take to divorce?
An ‘agreed divorce’ takes about 5-6 months to finalise
What happens if I cannot find my spouse?
You are still able to divorce by showing the court that you have made attempts to locate them. The facts of 2 years’ separation with consent or adultery should not be relied upon in this instance.
Our professional and highly experienced team of family law can assist you in your legal matters with full respect, ensuring you maintain a private family life. Begin the process today by submitting a confidential request, filling in the form below. We will respond to you shortly.