Divorce applications can be made solely or jointly as explained in detail in our previous article. This article focuses on when a divorce is applied for solely and the other party disputes the application.
Divorce process
The application is made online via the GOV.uk website. To make the application you will need a colour copy of your marriage certificate, and you will have to pay the court fee of £612.
Once the application is made, the court will review the application before issuing it and sending a copy to the other party. After the divorce application is issued, the divorce process will enter the ’20-week holding period’. This period gives the parties a chance to consider whether they want to continue with the divorce process and enables them to try and reach an agreement regarding their finances. Once the 20 weeks has passed, the applicant will then be able to apply for the conditional order. To read more about what a conditional order is please read this article.
Upon receipt of the divorce application the other party will have 14 days to respond to the divorce application in which they can agree or dispute the divorce. If the party agrees with the divorce then the process will continue. If they dispute the divorce, then there are other factors to consider.
Disputing a divorce
After disputing the divorce, the party must also complete a further form known as an answer form explaining why they disagree with the divorce. The answer form must be completed and returned to the court within 21 days of responding to the divorce.
No Fault Divorce was introduced in England and Wales in April 2022. Since that date, a divorce can only be disputed in very limited circumstances, which are detailed on the answer form as follows:
- The court lacks jurisdiction – for example if you or the other party live in a different country, the application might have to be made abroad instead of England and Wales or it may be more beneficial to you to issue your application elsewhere. In these circumstances, it is extremely important to take expert legal advice both in this jurisdiction and in any other relevant country.
- The marriage is not valid – it might be that you and the other party were never legally married and thus cannot divorce.
- The marriage has already legally ended – i.e. you are already divorced.
Therefore, a party cannot dispute a divorce simply because they do not agree with it. They can only do so if there is a valid legal reason. If the party completes and submits the answer form, the court will list a hearing to determine whether the divorce can continue.
Next steps
If the other party does not complete the answer form, then the divorce will continue as normal and the applicant will be able to apply for the conditional order once the 20 weeks have passed.
If you would like to know more about the divorce process or need assistance with reaching a financial agreement, please contact our family team who will be happy to help: 0345 450 5558 or [email protected]
Next Steps
Jasmine Davey is a Paralegal at Stephens Scown.
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