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, it is now very difficult to dispute a divorce application.

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

Now, the only ground for divorce is the irretrievable breakdown of the marriage, which cannot be contested. There is no requirement for parties to cite specific behaviours or find fault with their spouse. As such, it is less likely for there to be a need to cross-petition to dispute specific allegations of behaviour.

If you intend to dispute the divorce, the grounds are very limited and should be set out in the acknowledgement of service form and answer to the divorce, which you need to file with the court within 14 days of you receiving the divorce application.

The three grounds on which you can dispute the application are:

1. You live abroad and do not deem that the English court will be able to deal with your divorce – therefore there is an argument as to jurisdiction.
2. You believe the marriage is not valid.
3. Your marriage has already legally ended.  

If you wish to proceed with defending divorce proceedings, you must 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 petition applying to the court for divorce. However, you will need permission from the court to do so.

There will then be a court hearing which the parties must attend to try to come to an agreement.

In practice, it is rare to issue a cross-petition or file an answer to a divorce application.

If you are considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors. 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 are experienced in making legal arguments and advising clients in relation to these issues.

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