What's the difference between uncontested and contested divorce?

If you've never been involved in a divorce, it would be easy to assume that all divorces involve long, costly and acrimonious court proceedings. In reality, many divorces are granted with minimal disagreement and without couples having to make any court appearances at all.

One of the key reasons for this is that most divorces are uncontested, which means that it isn't disputed by the other party. Because it isn't defended, it costs much less than a contested divorce, takes less time and doesn't require you to attend any court hearings.

Contested divorces were quite rare. Even when they did occur, the divorcing couple were usually required to attend only two court hearings.

Who is an applicant and respondent in divorce?

In England and Wales, the partner who begins divorce proceedings is called the applicant (previously petitioner). The other party is called the respondent. The respondent will be sent a copy of the application and an Acknowledgement of Service form by the court. This form previously contained a number of questions, including whether or not the respondent wished to defend against the divorce.

In most cases, people answer 'no', meaning that the divorce could proceed uncontested. However, in some cases, the respondent answers 'yes', which resulted in a more complicated process.

How does an uncontested divorce work?

Under the no-fault divorce, there is no longer an option to contest a divorce. Uncontested divorces can be processed by courts on paper and there's no requirement for either party to make an appearance in court. This process takes a minimum of six six months to complete. We offer a fixed fee service for this at £450 excluding VAT + £593 court fees.

How does a contested divorce work?

In cases of contested divorce, the respondent was required to detail the reasons why they were defending the divorce. Once the petition (now called the application) had been served on the respondent there was a time limit of seven business days to file this Acknowledgement of Service with the court.

In contested divorces, the court required both parties to provide evidence to support their case. Once they had done this, a judge determined whether the spouse who petitioned/applied for divorce is entitled to it.

What happens about children, property and money in a divorce?

A divorce simply ends your marriage contract. It doesn't determine what will happen to any children, property or money you share with your ex-partner. These matters have to be decided separately and reaching a financial settlement on divorce can be far more time-consuming and difficult.

Do I need legal advice for a divorce?

It's important that you have an expert solicitor who can advise you on the best approach to take and guide you through the divorce process. You can take some of the anxiety and uncertainty out of the situation and ensure that your interests are protected throughout the process by talking to our experienced family solicitors as soon as possible.

We offer a 30 minute, fixed price initial consultation for £150, call us now on 0330 041 5869 or contact us and we will call you.

Prices quoted on this page include VAT.