Getting a divorce today can be as simple as filling in an online form through the government's divorce service. If there are no circumstances such as children or substantial financial assets to consider, your divorce is likely to be granted. You won’t even have to appear in court, unless you live in Northern Ireland as all divorce case appear before a judge.
If you need to defend your case in person at a contested divorce hearing, make sure you're fully prepared with our free Court Preparation Checklist.
Your divorce petition can, however, be contested by your partner. What this means in practice is that your partner either refuses outright to grant you a divorce, or more likely is that they object to some of the conditions of your divorce. Some of the conditions that are often contested include:
- Where children will live after the divorce
- The level of maintenance that will be paid
- How assets will be disposed of and the proceeds distributed
- How debts will be dealt with
Before you go to Court
Contested divorces can become bitter and expensive, as often solicitors will be bought in by both parties to fight for the rights of their clients in the divorce settlement. Before you reach this point it can be useful to attempt to mediate the differences between you and your partner before going to court.
If mediation is unsuccessful then your only course of action is to go to court and defend your application for divorce. Now is the time to think clearly about why you have applied for a divorce. Try and write down your reasons. This is a good way of understanding why you want to get divorced, but it can also have a financial benefit as well. Your solicitor will have to less work for you, which will reduce their fees considerably.
Often, a contested divorce will centre on some financial matters. As you are going to court to defend your divorce application you need as much documentary evidence as you can produce. Gather together your bank and mortgage statements and any correspondence that is relevant to your case. If the judge asks for this information you will have it readily to hand that further enhances your case when you are in court.
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Your Day in Court
Divorce applications in England and Wales are processed administratively without court hearings. You only attend court if there are disputes about finances or children that cannot be resolved. If you do need to go to court to contest a divorce it’s important that you have legal representation. Don’t try and represent yourself, as contested divorces can become complex legal cases that you won’t be qualified to make decisions about. Leave this to the professionals.
Often, a divorce will be contested, as one party doesn’t agree with what the divorce is based on. If you are divorcing your partner because of unreasonable behaviour for instance, they may contest your definition of what this means. Behaviour that is tolerated in one marriage may not be in another. Be prepared to state clearly and with any evidence you have gathered why you want to divorce your spouse. The court often has to make an objective decision in contested divorce cases. The more detailed information you can make available to the judge the better as they can then make an informed decision that will hopefully support your case for divorce.
I cannot get help and his delusion is difficult for others to see.
He is falsely accusing me I cannot get near him to speak to him he has clinical paranoia and I need help
Any advice please regarding this issue. I also don't know the fee for decree nisi. Is it 255 pounds.
His debts how can I get him to pay for what are jointly in both our names I didn't work due to ill health and got benefits as he never supported my daughter or me ever he was just a con man he never staying with me any longer than a few weeks at a time but used my address for many credit cards and even setting up a business without me knowing he is a nice piece of work and think he's is untouchable he has been working
So, is there any point in defending a divorce? After all, it is extremely unlikely that you will be able to prevent the divorce going through if your spouse is determined that they want the marriage to be dissolved.
The respondent to any divorce proceedings has the right to defend. However, if they do so then the procedure will become a lot more complicated, and therefore the costs will increase hugely (if they fail to stop the divorce going through they are also likely to be ordered to pay the petitioner’s costs). Defending divorce proceedings is therefore not a decision that should be taken lightly.
The day before ISC, the defendant is driving to church. The day of the now canceled ISC, the defendant drives to work and works the full day.
Is the defendant in any sort of violation here? Or are they within their rights to go and do whatever they wish once the Judge agrees to adjournment?
What does this mean?
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