What Happens if I Contest the Divorce?
As the Respondent you’ll receive a copy of the divorce application with a form called an Acknowledgement of Service, which you’ll be asked to fill out* and send back within a certain time frame.
On this form there will be a question asking if you want to defend the divorce, to which you can simply answer yes or no. If you choose to defend the divorce it then becomes a Contested Divorce. You will have to provide an ‘answer to a divorce’ to the Court, which should outline your exact reasons for challenging the divorce.
Your reasons could be that you don’t agree with the reason for divorce and that the breakdown of the marriage was more your spouse’s fault that yours. Or that you don’t believe the breakdown of the marriage is irretrievable and there is a way back for you and your spouse.
When you contest a divorce, you’ll have to attend Court for a hearing and the Judge will decide if the divorce will go ahead. You and your partner will be asked to provide evidence for your case about whether the divorce should proceed.
*See How to Fill Out a Divorce Acknowledgement of Service Form
Should I Defend the Divorce?
Defending a divorce often doesn’t end well for the person defending it. In most cases, the Court will allow the divorce to go ahead anyway.
Let’s look at each scenario for why you might want to challenge the divorce:
You Want to Save Your Marriage
If the petitioner is certain that they want a divorce and can show that they don’t want to be a part of the marriage anymore, then it’s likely the Judge will allow the divorce to proceed. If your partner has gone to the effort of applying for a divorce and paying the legal fees, then it’s going to be tough to prove that they are still committed enough for the relationship to make it work.
If you lose, you will also be ordered to pay your ex’s fees as well as your own. And the test on ‘unreasonable behaviour’ is subjective. This means that as long as your spouse sees the behaviour as unreasonable, it doesn’t matter if the Judge sees it this way or not.
We understand how emotional divorce can be, but once you come to terms with it you can move on much quicker. For advice on looking after your mental wellbeing when your marriage comes to an end, see How to Stay Emotionally Healthy through Divorce.
You Don’t Agree with the Reason for Divorce
Most contested divorces are challenged because the Respondent doesn’t agree with the reason that their ex-partner used in the divorce application. But it’s important to remember that the reason for divorce doesn’t really matter.
The Court aren’t interested in what kind of unreasonable behaviour you or your partner may have committed. And the reason given for divorce does not affect how your assets and finances are divided. So no matter which of the five grounds for divorce your partner used, the outcome will still be the same.
It’s important that if you choose to defend a divorce you are prepared to put in the time, take on the emotional damage, and pay the extra costs.
If you’re sure you want to defend a divorce, speak to one of our specialist Divorce Solicitors. We can advise you on the best way to prepare your ‘answer to a divorce’ and can also represent you in Court if you’d like us to.
Some of our Divorce Solicitors are also members of Resolution, which means they are experts at reducing conflict between you and your ex. We might be able to help you settle any disputes before you pay any additional Court fees for defending your divorce.