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I have received a divorce application from my spouse but do not agree, can I defend it?

With no-fault divorce in force since April 2022, introduced by the Divorce, Dissolution and Separation Act 2020, it is now very difficult to dispute a divorce application.

You must have a genuine legal reason to dispute the divorce. You cannot dispute it simply because you do not want to get divorced, or because you want to delay the divorce.

The only ground for divorce is now the irretrievable breakdown of the marriage, which cannot be contested. Only one party needs to state that the marriage has broken down, and there is no need to provide evidence, cite specific behaviours or find fault with your spouse. As a result, there is far less need to cross-petition to dispute specific allegations of behaviour.

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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On what grounds can you contest a divorce?

Divorces can now only be contested in extremely limited circumstances. The three grounds on which you can dispute a divorce application are:

  1. Jurisdiction: you live abroad and do not believe the English court can deal with your divorce, or your spouse has applied in the wrong jurisdiction.
  2. Validity: you believe the marriage is not legally valid.
  3. The marriage has already ended: your marriage has already been legally ended, for example by an earlier divorce.

How to defend a divorce application

If you intend to dispute the divorce, you must say so in the acknowledgement of service form, which you need to file with the court within 14 days of receiving the divorce application. You will then need to file an answer to the divorce application, explaining why you disagree with the divorce.

You can also file a cross-petition, which is a new application to the court for divorce. However, you will need the court’s permission to do so.

There will then be a court hearing, which both parties must attend, to try to reach an agreement. In practice, it is rare for a respondent to issue a cross-petition or file an answer to a divorce application.

Defending a divorce on the grounds of jurisdiction

If you believe your spouse has applied for divorce in England when they are not entitled to, or if you have already started proceedings in another country, you will need to dispute jurisdiction. You start this in your acknowledgement of service, setting out the basic details of your challenge. The court will then investigate and hold hearings to decide whether the case can proceed in England.

Defending a case on the grounds of jurisdiction can involve a complex mixture of law and facts, so it is vital to take legal advice if you are in a dispute involving more than one country.

Defending a divorce on the basis that the marriage is invalid

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

Get expert advice on defending a divorce

If you intend to dispute a divorce application, or would like advice on this complex and technical area of law, our team of family law experts is experienced in making legal arguments and advising clients on these issues. Click below for a free initial consultation with one of our expert divorce solicitors.

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