How Long Can A Spouse Drag Out A Divorce In The UK?
It may be possible for your spouse to ‘drag out’ (i.e. delay) your divorce for 12 to 18 months, much more than the standard 6 to 7 months. If you are going through the process of divorce in the UK, you may understandably be concerned about how long your spouse can drag out the process. It may be that they don’t want to get divorced, or they simply want to delay it as much as possible, either to cause frustration or because they have a hope of reconciliation. Thankfully, under the no-fault divorce law, which came into effect in April 2022, the opportunities for your husband or wife to frustrate the process of divorce have been reduced.
What Is The Standard Timeline For Divorce In The UK?
In England and Wales, under the Divorce, Dissolution and Separation Act 2020, otherwise known as ‘no-fault divorce’, divorce ‘should’ be possible between 6 and 7 months. We say ‘should’ because even if both ex-partners cooperate fully, the courts often have a large backlog. According to Family Court Statistics, in the 3rd quarter of 2024, the average time to finalise a divorce in reality is 63 weeks, around double the standard time set out above.
The standard timeline for divorce is as follows:
Week 1: Application for divorce submitted
Week 2: Divorce application processed and acknowledged
Week 3 – 23: ‘Cooling off’ period of 20 weeks
Week 24: Application for Conditional Order
Week 25 – 31: Mandatory waiting period of 6 weeks and 1 day
Week 32: Application for Final Order
Can My Spouse ‘Drag Out’ The Divorce Process?
Your spouse can ‘drag out’ your divorce in a number of ways, even under the ‘no-fault’ divorce process, but their opportunities for doing so are limited. No-fault divorce means that neither party needs to lay blame on the other for the divorce; all that matters is that the marriage has broken down irretrievably. This removes the possibility that your spouse can drag out the process by challenging the reason (i.e. ground) for the divorce. In the past, it was possible to challenge a divorce petition, for example, if the recipient did not agree with the grounds of adultery or unreasonable behaviour. This is no longer possible. With that said, there are two main ways that your spouse can seek to ‘drag out’ your divorce, as follows:
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By not cooperating, delaying ormissing deadlines
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By challenging the divorce
Not Cooperating, elaying Or issing Deadlines
Some spouses deliberately try to frustrate the divorce process by not responding in a timely manner when they are required to do so. The first opportunity for your spouse to frustrate your divorce comes when they are required to respond to the acknowledgement of service notification confirming whether they agree or disagree. This must be returned within 14 days. If your partner chooses not to respond, the challenge then is proving that they received the divorce petition. It may then be necessary to use the services of a process server, apply for deemed service, or apply for dispensed service to ensure that the papers are served or this requirement is waived by the courts. All of this can take several weeks to complete.
Challenging The Divorce
Another way your spouse could be dragging out your divorce is by challenging the petition. The good news is that under the no-fault divorce law in England and Wales, it is only possible for your ex-partner to disagree with your divorce petition for a valid reason, not simply because they don’t want to get a divorce or they disagree with the reason for the divorce. They may have a valid basis for challenging the divorce if:
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You are not married
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Your marriage is not recognised in the UK
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Your marriage is invalid
In this scenario, the judge may request a hearing to look into the matter further and verify if there is a real basis for challenging the divorce. Because the courts are so busy, it may take several weeks or even months before a hearing can be arranged.
How Can I Prevent My Spouse From ‘Dragging Out’ Our Divorce?
There are several ways to prevent your spouse from ‘dragging out’ a divorce, as follows:
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Try to get them to agree to a joint divorce application – this removes the need for them to respond to the petition
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Take a proactive and amicable approach to your divorce as much as possible, including addressing any concerns that your spouse may have. For example, they may be worried about the financial implications of divorce, like how much it would cost
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Consider mediation to ensure an amicable divorce
If you believe that your spouse will not respond to the petition, instruct a divorce Solicitor or process server as soon as possible if they miss the 14-day deadline for early in the divorce process
Final Words
Attempts to frustrate or delay a divorce can be deeply frustrating, especially if you want to get on with your life. Remember, under the no-fault divorce law in England and Wales, it is not possible to drag out the process simply because one party does not agree with the reason for divorce. The only real way that it can be delayed is by not responding to the courts. By taking the steps above, you can avoid the possibility of your divorce being delayed and hopefully achieve a quicker divorce.
Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. Our highly experienced family law team can assist you with all relationship matters. To make an appointment, please contact us on 01932 840 111.
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