The difference between a contested and uncontested divorce is whether both parties agree that the divorce should proceed. However, in England and Wales, the introduction of no-fault divorce has significantly changed how this distinction works.
Since April 2022, one spouse or civil partner does not need to prove wrongdoing or obtain the other person’s agreement to end the marriage or civil partnership. As a result, it is generally no longer possible to contest a divorce simply because one party does not want it to go ahead.
Disputes can still arise, however, particularly over finances, property and arrangements for children.
What Is an Uncontested Divorce?
An uncontested divorce generally refers to a divorce where there is no dispute over the divorce itself and the process can proceed without significant procedural complications.
Under the current no-fault divorce system, either one party can apply individually or both parties can make a joint application.
Importantly, an uncontested divorce does not necessarily mean that the couple has agreed on everything. There may still be separate disagreements concerning financial settlements, pensions, property or arrangements for children.
The divorce legally ends the marriage, while these other matters may need to be resolved separately.
What Is a Contested Divorce?
The term “contested divorce” is still commonly used, but its meaning is now more limited.
Under the current law in England and Wales, a respondent cannot normally prevent a divorce simply because they disagree with the decision to end the marriage. A divorce can generally only be disputed on limited legal grounds, such as questions concerning the court’s jurisdiction, the validity of the marriage or whether the marriage has already legally ended.
What people describe as a contested divorce is therefore often actually a disputed financial or children matter associated with the divorce, rather than a dispute about whether the divorce itself can happen.
What If We Cannot Agree on Finances?
Obtaining a divorce does not automatically resolve your financial relationship.
Couples may need to agree how assets such as the family home, savings, investments and pensions will be dealt with. Spousal maintenance may also need to be considered.
Where an agreement can be reached, it may be formalised through a court-approved financial order. Where agreement is not possible, financial remedy proceedings may be required for the court to determine an appropriate outcome.
Do I Need a Divorce Lawyer?
Not every divorce requires lengthy court proceedings, but legal advice can be particularly valuable where finances, property, businesses, pensions or children are involved.
An experienced divorce lawyer can explain how the divorce process affects your circumstances, help you understand your options and advise you on resolving any related disputes.
Speak to Fitz Solicitors
If you are considering divorce or are already involved in divorce proceedings, Fitz Solicitors can provide clear, practical advice tailored to your circumstances. Contact our team to discuss the divorce process and any related financial or family law issues.