How Long Can a Spouse Drag Out a Divorce in the UK?
July 2023
Going through a divorce can be a challenging and emotional process, especially when your husband or wife is dragging out the divorce.
In this article, our family law solicitors look at what you can do if your husband or wife is dragging out the divorce, financial settlement, or resolving the arrangements for any children.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
Why is your Spouse Delaying your Divorce?
One of the things you need to ask yourself is why is your husband or wife delaying your divorce. There can be many reasons, such as:
- They cannot accept the marriage is over
- They know you want a speedy divorce and are being vindictive
- They are controlling – emotionally and financially
- They do not want to leave the family home
- They cannot bear to not live with the children on a full-time basis
- They think delaying the divorce will help their financial settlement. For example, if they think you are due to receive an inheritance or get a large bonus payment or a big pay rise
- They are worried about going to court to get a divorce or are concerned about reaching a financial settlement
If you are concerned that your husband or wife is using divorce delaying tactics, it is best to speak to a family law solicitor about the reasons behind the delay and what you can do about it.
Do not delay in contacting a family law solicitor as urgent advice may be needed. For example, you may need an injunction order to stop coercive control or to prevent your spouse from selling or disposing of assets.
No-fault Divorce
With the introduction of no-fault divorce proceedings, all you need to say is that the marriage has broken down and that you want a divorce.
If you think that your spouse will drag out the divorce application it is important that you are the one who starts the divorce application, so you are in control of the process. If your husband or wife objects to a divorce, it is now far harder for them to do so unless, for example, they say the English court does not have jurisdiction because you do not live in England and/or Wales.
Negotiation Delay
Sometimes a husband or wife will say that they want to amicably resolve a financial settlement or parenting arrangements for children, but they then delay. Some delays in attending roundtable meetings or family mediation sessions may be understandable. For example, if your spouse is under pressure at work or is finding it hard to come to terms with the separation. However, you need to consider if the delay has become unreasonable and if they are using negotiation as a tactic to string things along.
If there is a significant negotiation delay, you may decide that you need to start a court application for a financial settlement or a child arrangements order. That way there is a court timetable in place to get a decision. If court proceedings are started you can still continue to negotiate, but the court timetable should prevent your ex-partner from continuing to delay for their own ends.
Court Delay
It can be easy to blame your spouse or their lawyers for the delay but sometimes it is court delays that hold things up. For example, it can take months to obtain a final hearing date for your application for a financial settlement or child arrangements order.
If you think that it is taking too long to get a court hearing you could increase your efforts to reach an agreement through solicitor negotiations, family mediation or other out of court options.
Family Law Legal Advice to Break Through Delay
Navigating the divorce process can be overwhelming, particularly if there are delays outside your control or instigated by your husband or wife as a delaying tactic. Our specialist family law solicitors understand how important it is not to rush into decisions, but equally know that delay can be just as emotionally and financially draining.
At Fullers Family Law, we will help you understand your rights, obligations, and your options for minimising delays.
How Can Fullers Help?
We understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
