Contested Divorce in England and Wales

Overview

A divorce is sometimes described as “contested” when one spouse resists the process, disputes service, delays the application, or argues about the wider issues arising from separation. Under the current no-fault system, a spouse cannot usually stop a divorce by disputing whether the marriage has broken down.

Instead, most contested issues now arise around procedure, finances, children, or whether one party is cooperating properly with the legal process.

This article explains what contested divorce means today, what the court will and will not decide, and why legal advice is often needed if a separation becomes difficult.

Key Legal Considerations

Can a divorce still be contested?

Yes, but not in the old fault-based sense.

Under section 1 of the Matrimonial Causes Act 1973 as substituted by the Divorce, Dissolution and Separation Act 2020, the court must treat the statement that the marriage has broken down irretrievably as conclusive evidence and make the divorce order.

That means the court does not investigate adultery, unreasonable behavior or other fault-based facts for a modern application.

What kinds of disputes still arise?

A divorce may still be contested where there is disagreement about:

• service of the application;

• jurisdiction;

• whether the application is valid;

• timing of the conditional and final orders;

• costs;

• financial remedy proceedings;

• child arrangements;

• child maintenance;

• occupation of the family home;

• disclosure of assets and income;

• whether separate protective orders are needed.

What if one spouse ignores the divorce papers?

The process can often continue if the application has been properly served and the court is satisfied that the procedural requirements have been met.

That is one reason why legal advice on service and procedure is important from the outset.

How are finances and children dealt with?

They are generally dealt with separately from the divorce itself.

Financial claims may require a financial order or consent order, and child arrangements may require a separate application if agreement cannot be reached.

The divorce does not automatically resolve:

• who keeps the home;

• how assets are divided;

• pension sharing;

• maintenance;

• where the children live;

• contact arrangements.

What Factors Are Usually Considered?

In contested divorce cases, the court and the parties often focus on:

• whether there is valid service and proper procedure;

• whether the parties can agree the timetable;

• whether disclosure has been completed;

• whether urgent protection is needed;

• whether there are children and safeguarding issues;

• whether settlement is possible through negotiation or mediation;

• whether financial and child issues can be resolved separately and sensibly.

The practical aim is usually to reduce conflict, complete the divorce lawfully, and protect the family’s wider interests.

Common Mistakes or Risks

These include:

• assuming the divorce can be stopped simply by refusing consent;

• ignoring court documents or deadlines;

• failing to deal with financial issues at the same time;

• relying on informal promises rather than formal orders;

• not seeking urgent help where there are concerns about safety;

• escalating conflict unnecessarily when the main dispute is practical rather than legal.

The risks include delay, higher legal costs, poor settlement outcomes and avoidable stress for children.

What Happens If You Choose the Wrong or Inexperienced Solicitor?

If a solicitor lacks experience in contested family proceedings, they may:

• misunderstand the no-fault process;

• allow avoidable delays to build up;

• fail to protect financial claims;

• overlook child welfare issues;

• miss service or timetable problems;

• encourage unnecessary conflict instead of practical resolution.

In a contested case, poor advice can make matters more expensive and more difficult to settle.

How Can Alstern Solicitors Help?

Given the complexity and evolving nature of family law, choosing the right legal adviser is an important decision. Alstern Solicitors is proud to be a trusted law firm regulated by the Solicitors Regulation Authority (SRA) in England and Wales.

We are committed to the highest standards of professionalism, integrity and client care. We provide clear legal advice, transparent fees and practical solutions tailored to each client's circumstances.

Our clients benefit from:

• Strict confidentiality

• Full compliance with UK law

• Transparent fee structures

• Efficient case management

• Professional support throughout the process

We take the time to understand each client's situation and provide practical guidance designed to protect their interests and help them move forward with confidence.