"I do not want to get divorced, can I fight it?"

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When a marriage breaks down it is a particularly hard time for all concerned including any children you may have. Emotions are naturally heightened and it can be difficult to think objectively. In that context it is perhaps understandable that you decide that you wish to fight the divorce. However, is that something which is advisable?

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The first practical point is of course that you cannot have one person in a marriage. A marriage is a joint enterprise. In terms of the divorce procedure itself it is entirely possible to contest or fight the divorce. However, strict procedural rules apply which provide for the filing of Acknowledgements and Answers within strict timescales.

To defend a divorce effectively requires the drafting of legal documents and is far from straight forward.At some point (if the procedural hurdles are overcome) there will be a hearing to determine whether or not there should be a divorce. This would potentially be very expensive indeed and consideration needs to be given as to whether or not it is money well spent especially as the likely outcome is that there will be a divorce in any event. Also, the "loser" is likely to end up paying the legal costs of the other party.

When considering the question of contesting a divorce you should take stock and consider whether it is a sensible course of action to take. We would recommend that early advice is taken so all options can be considered. There are potential solutions which can be found which do not amount to defending the divorce, but may be palatable to the party on the receiving end. At Simpson Millar we have solicitors who can advise you at this difficult time and guide you through the process and the options available to you.

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