Under the no-fault divorce law, which was introduced in April 2022, the absolute minimum time to get divorced in the UK is now around 26 weeks. This is because of the 20-week cooling-off period before applying for a conditional order and the mandatory 43-day period before applying for a final order. However, a spouse can drag out a divorce for longer than 26 weeks or even a year because there is no fixed duration or timeframe to complete the divorce process. In this article, we will explain several ways to prevent a partner from dragging out a divorce. If you need tailored advice based on your circumstances, please contact our divorce lawyers for more information.
Ways a spouse can intentionally delay the divorce process
Your former husband or wife may try to drag out the process of divorce in a number of ways, including:
- Refusing to sign divorce papers – this includes not returning the acknowledgement of service to the court.
- Hiding their whereabouts – your ex-spouse may slow down the divorce process by making it difficult to find where they are living. If you do not know the current address of your ex-partner, this will make it difficult for the courts to send the notice of divorce application to them. As we will explain below, however, there are ways around this delay tactic.
- Disputing the divorce application – even under the no-fault divorce process, it is still possible for your ex to dispute the divorce. If they have a genuine reason to dispute the divorce, you may need to go to court to discuss the matter.
- Not attending court hearings – if your ex-partner is required to attend the court, they may try to slow down the divorce process by not cooperating with the request.
How to stop a spouse from dragging out a divorce in the UK
If your spouse is deliberately attempting to drag out your divorce process, there are several ways that you can stop this from happening, as follows:
1. Start an application for no-fault divorce
If you are concerned that your partner may try to delay the divorce process, you can put yourself in control from the outset by applying for a no-fault divorce. One of the main benefits of the new no-fault divorce process is that you can apply on your own as long as you have been married for at least one year. By starting the process of no-fault divorce, you can start the clock ticking on the 20-week cooling-off period sooner rather than later. Remember, your partner cannot simply dispute the divorce because they don’t agree with it. It is now only possible to dispute a divorce application in the rarest of circumstances.
2. Start a court application
Another way that you can stop your partner from slowing down the divorce process is by starting a court application for a financial settlement or child arrangement order as soon as possible. Doing this will avoid further delays because of unreasonable delays and excuses during the negotiation process. Once you have submitted your application, the court will take control of the process. Your ex-partner will be legally required to comply and attend court when necessary. As such, this makes it much more difficult for them to delay the process of reaching a financial settlement or child arrangements. It is important to bear in mind that starting a court application early does not prevent you both from continuing to negotiate a financial settlement and child arrangements. If you can reach an amicable agreement between yourselves, the court process can be stopped at any time.
3. Submitting proof of acknowledgement
If your wife or husband is refusing to sign divorce papers or send their acknowledgement of service to the court, you can submit evidence that they have received their divorce papers. There are three ways to do this:
- By asking the court bailiff – if the court agrees, they will instruct a court bailiff to serve the divorce papers on your ex personally
- Requesting a process server – a process server will serve the divorce papers on your husband or wife or
- By ‘deemed service’ – You can apply for deemed service if you have proof that your ex has received the divorce papers (e.g. an email, text message, Whatsapp message) – the court may accept this proof instead in lieu of an acknowledgement of service.
Alternatively, if you do not know the current address of your ex-partner, you can ask the court to ‘dispense with service’. If you have made all reasonable efforts to locate them unsuccessfully, the court may agree to bypass the step of serving divorce papers on your partner.
Reasons to drag out a divorce in the UK
There are several reasons why your spouse may try to drag out the process of divorce, including:
- Disagreement over parental arrangements – if you and your ex-partner cannot reach an agreement over child arrangements (i.e. who they will live with most of the time and access arrangements), your ex may try to purposely drag out the divorce process. In this situation, mediation can be extremely effective in helping you both reach an amicable agreement outside of the court system.
- Disagreement over financial settlement – it may also be the case that because you and your ex have been unable to reach an agreement on how your marital assets will be divided and ongoing maintenance, they seek to delay the process. Again, a specially trained mediator can help you both find a resolution in a relaxed and non-confrontational environment.
- Hope of repairing the marriage – if your partner believes that you can repair your marriage, they may seek to delay the process. This is where the no-fault divorce process is helpful. The 20-week cooling-off period is specifically intended to give separating parties the time and space to reflect on their decision. Remember, your partner will not be able to dispute the divorce on the basis that they don’t agree with your decision.
- Control and coercion – in some cases, it may be that the other party is trying to delay the process of divorce because of ongoing controlling and coercive behaviour. They may try several tactics to interfere with the divorce, including not making their whereabouts available and disputing the application. However, as explained above, there are ways around such attempts to drag out the divorce that are built into the no-fault divorce process. If you are concerned that your partner may try to subvert the divorce process as part of a pattern of controlling and coercive behaviour, speak to a family law solicitor who can support you and recommend the best course of action.
