Can I defend my spouse's divorce petition?

‘No-fault’ divorce was introduced by the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022. This means that only one party needs to state that the relationship has permanently broken - there is no need to provide evidence or cite any specific reasons why. Furthermore, a divorce can now only be contested in extremely limited circumstances: if the party has filed for divorce in the wrong jurisdiction or if the marriage is invalid. 

Defending jurisdiction

If you feel that your spouse has issued in England when they are not entitled to, or if you have already issued proceedings in another jurisdiction, then you will need to defend the jurisdiction. You start this in your reply to the petition, setting out the basic details of your challenge. Following this, the court will investigate, and will hold hearings to decide whether the case can proceed in England.

Defending the case on the grounds of jurisdiction can rely on a complex mixture of law and facts, and it is vital that you take legal advice if you are in a multi-jurisdictional dispute.

Defending divorce on the basis that the marriage is invalid

If you are not properly married – for example if there was just an informal ceremony – then you cannot be divorced. Again, if you are defending on this basis it is important to take full legal advice. Claims that the marriage was void from the start are legally complex, and must be set out from the outset.

If you are considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors. 

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