Uncontested Divorce

Diana Bastow

What is an Uncontested Divorce?

Since no-fault divorces were introduced on 6 April 2022, respondents in divorce proceedings no longer have the option of contesting a divorce.

It is still possible to dispute a divorce application if it does not meet legal requirements. This may happen if, for example, you have been married for less than a year or do not have sufficient connections to the UK or if your marriage did not meet the legal requirements.

Errors in the application are extremely rare, however, this means that virtually all divorces are now uncontested divorces.

What was an uncontested divorce in the old divorce system?

Before no-fault divorces were introduced, the person who began divorce proceedings (the applicant; previously called the petitioner) had to show that the marriage had irretrievably broken down based on one of the following facts:

• Adultery
• Unreasonable behaviour
• Desertion
• Two years of separation with consent
• Five years of separation without consent

The other party, called the respondent, received a copy of the divorce petition and an Acknowledgement of Service. The Acknowledgement asked, among other things, whether the respondent disputed the divorce.

In most cases, the respondent answered ‘no.’ This meant that the divorce could proceed uncontested without the couple having to make any court appearances.

Ticking ‘yes’ in this box resulted in a more complicated divorce process. These cases would have gone to court where a judge would have decided whether the marriage had indeed broken down irretrievably, and whether the ground for divorce was proven.

One example of a contested divorce is the case of Owens vs Owens in 2015. Here, the Supreme Court ruled that Mrs Owens could not get divorced because the evidence that her husband had behaved unreasonably was flimsy. The Court determined that he had not behaved in such a way that she could not reasonably be expected to live with him.

What about uncontested divorce now?

No-fault divorces were introduced to avoid a situation like Owens vs Owens, where Mrs Owens remained locked in a marriage that she no longer wanted to be in.

Under the new divorce system, couples can divorce solely on the basis that the marriage has irretrievably broken down. The applicant does not have to provide a reason or prove that the other person did something wrong, and the right for the respondent to contest the divorce has been removed.

The court will simply verify that the application meets the legal requirements and grant a divorce.

The only exception is if the court is not allowed to deal with the divorce because it does not have jurisdiction. This is likely to affect only a handful of cases where the couple does not have sufficient connections to the country, such as not being habitually resident in England and Wales or not being domiciled in this jurisdiction.

Couples can also apply for a joint Divorce and rather than having an Applicant and a Respondent there will be an Applicant One and an Applicant Two.

What if one party does not want to get divorced?

The new rules mean that one party can obtain a divorce even if their partner does not want it. This may seem unfair, but the government’s reasoning is that forcing someone to remain in a marriage against their will is also unfair.

Replacing the right to contest a divorce is a new minimum 20-week reflection period. This extra breathing space has been introduced to give the couple time to work through their differences and ensure that divorce is the right way forward.

What about the financial arrangements, can they be contested?

Divorce only ends the marriage contract; it doesn’t address issues like child arrangements or dividing matrimonial assets. These matters must be resolved separately, and negotiating a financial settlement can take more time and be more challenging.

To help keep things civil, the court encourages couples to resolve these issues through Non-Court Dispute Resolution (NCDR).

Methods such as mediation, collaborative law or private financial dispute resolution (FDR) can help you agree on the children arrangements and financial arrangements without having to go to court. This will result in a wholly ‘uncontested’ divorce.

There are many advantages to NCDR, including:

• Quicker and less stressful than court proceedings.
• More control over the outcome of the divorce settlement.
• Helps keep things civil between the parties, which can be especially important when children are involved.
• Lower cost compared to going to court.

Every family is different, however. Contested proceedings may be necessary in some cases, especially in high-conflict, high-net-worth divorces or where there are complex asset structures, child arrangements or allegations of domestic abuse.

Uncontested Divorce Lawyers

Technically, you do not need a solicitor to get divorced, but it is always recommended to seek legal advice before proceeding.

An expert divorce lawyer can advise you on the best approach to take and help you secure the right financial settlement and child arrangements for your family. Even when you and your ex-partner are in agreement, it is still beneficial to have a solicitor review the paperwork and ensure that everything is legally binding and in your best interests.

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