How Long can a Spouse Drag out a Divorce?

“How long can a spouse drag out a divorce?” is a common question when dealing with divorce cases.

Divorce proceedings can be particularly challenging, especially when one spouse intentionally prolongs the process which can lead to increased stress and financial strain. Why does it happen? The reasons vary but include the former spouse doesn’t want to divorce and therefore won’t engage in the process, the deluded misconception that not engaging will result in no agreement and therefore the financial status quo can remain or the most common reason……they are just being really awkward.

In this article we aim to shed light on this issue. We’ll explore divorce proceedings in the UK, typical divorce timescales and the role of divorce solicitors. We also explore strategies to prevent a spouse from dragging out the divorce. We’ll discuss the legal mechanisms in place to address such delays.

However, this article only considers these issues from a generic perspective. If you want advice based on your specific circumstances, you may want to consider a fixed fee family law consultation.

Understanding Divorce Proceedings in the UK

The Divorce, Dissolution and Separation Act 2020 was passed in June 2020, came into force on 6 April 2022 and introduced a “no-fault” divorce system in England and Wales. This Act allows couples to divorce without having to blame either party for the breakdown of the marriage. Under this new law, couples can simply state that the marriage has irretrievably broken down, removing the need to assign fault or wait for a specific period before applying for a divorce. The Act aims to make the divorce process less acrimonious and more amicable for separating couples.

There are two ways to apply. If you both agree you can make a joint application, or one party can make a sole application A sole application can be made if either of the following apply.

• Your husband or wife does not agree you should get a divorce
• You do not think your husband or wife will cooperate or respond to notifications from the court

The only ground for divorce will be that the marriage has irretrievably broken down and only one party to the divorce has to make this claim and the other party will not have the opportunity to object. If one spouse decides that the marriage is at an end, then it will be dissolved.

Needless to say, that it tends to be the sole applicants who ask the question, “”How long can a spouse drag out a divorce?” particularly if the news has come to a shock to their spouse. This can be this can be an emotionally painful and difficult situation to face which, understandably, can result in some reluctance to engage in the divorce process.

Typical Divorce Timescales and Factors Affecting Duration

The duration of divorce proceedings in the UK can vary. On average, it takes around seven months to complete an uncontested divorce. This timeline assumes that both parties agree on all matters including arrangements for children and the division of financial assets. This timeline also assumes both parties are cooperating with the process.

What Influences the Length of Divorce Proceedings?

Refusal to Acknowledge the Divorce Application

The first tactic that is commonly used by spouses reluctant to engage is to ignore the Acknowledgement of Service. When a sole application for divorce is made, the Court issues an Acknowledgement of Service to the other party. For the divorce to proceed the non-applying spouse has to confirm that they have received the Acknowledgement of Service. Failure to do so will delay the divorce. If this happens it’s important to seek legal advice from a family solicitor.

In these circumstances there are steps you can take to remedy the situation.

The Acknowledgement of Service can be delivered by a Deemed Service or Personal service which will provide evidence to the Court that the papers have been received. If this process fails, you may have to apply to the Court to proceed with the divorce application without the other party acknowledging the application. This will incur additional costs and delay the process however the additional costs can be claimed back from the delaying party.

Disputes

When there are disputes about arrangements for children and finances, the process can take much longer in some cases, especially when a spouse is using tactics to intentionally drag out the divorce. They might do this by refusing to cooperate or by making unreasonable demands.

Ultimately, the lack of cooperation or deliberate delaying tactics can result in the need for Court intervention which will drag out the proceedings for much longer. The Court’s schedule can also affect the timeline. If the Court is busy, there may be delays in scheduling hearings or processing paperwork. Court intervention also tends to be more stressful and costly (for both parties) so any routes to avoid this scenario should be considered.

To expedite the process, it’s crucial to approach these disputes with a clear understanding of your rights and obligations. This is where a skilled divorce solicitor can be invaluable.

It’s also important to be open to compromise. While it’s natural to want to protect your interests, an unwillingness to negotiate can lead to lengthy court battles.

Remember, the goal is to achieve a fair settlement that meets the needs of all parties involved, especially any children. Prioritising their well-being can help guide your decisions and keep the process moving forward.

The Role of Mediation and Collaborative Law

Alternative dispute methods including Mediation and collaborative law can play a crucial role in preventing a spouse from dragging out a divorce. These methods involve negotiation and compromise, rather than adversarial court battles.

In mediation, a neutral third party helps the spouses reach an agreement on disputed issues. This can significantly speed up the divorce process.

Collaborative law is a similar approach, but it involves each spouse having their own solicitor. The solicitors work together to find a solution that satisfies both parties.

These methods can be particularly effective in cases where the spouses are willing to cooperate and communicate openly. They can help avoid the delays and costs associated with traditional litigation. In fact, the Court will insist that some form of alternative dispute resolution is at least attempted before the Court will intervene.

Court Intervention

If you’re concerned about your spouse dragging out the divorce, there are strategies you can use. The most effective is to hire a skilled divorce solicitor who can advocate for your interests and ensure your rights are protected.

There are legal mechanisms in place to address unnecessary delays in divorce proceedings. If a spouse is intentionally delaying the divorce, the Court can intervene. This might involve imposing deadlines penalties or sanctions, or even granting a Final Order in their absence.

However, it’s important to note that the Court’s primary concern is to ensure a fair and just resolution. This means that while they strive to avoid unnecessary delays, they also won’t rush a case at the expense of thoroughness and fairness.

A Temporary Solution: Interim Orders and Financial Disclosure

Interim orders can be used to address immediate needs during a prolonged divorce. These might include child support, spousal maintenance, or the use of marital property.

Obtaining an interim order can provide some stability while the divorce is being finalised. However, it’s important to understand that these orders are temporary and subject to change.

Achieving a Fair and Efficient Settlement

Understanding your rights and obligations, and the mechanisms in place to prevent unnecessary delays, can help you achieve a fair and efficient settlement.

Remember, the key to a swift resolution often lies in clear communication, cooperation and the willingness to compromise. Seeking early legal advice from experienced divorce solicitors can also be invaluable in guiding you through the process and ensuring your interests are protected.

Ultimately, while the journey may be challenging, with patience, resilience, and the right support, you can move forward towards a brighter future.