Defended Divorce / Civil Partnership Dissolution

What is a contested divorce?

Whilst uncommon, occasionally a respondent does defend a divorce petition, resulting in a contested divorce.  They might opt for a defended divorce because they object to the allegations made against them, do not accept that the marriage has ended, or both.

Should a party choose to opt for a contested divorce, they must indicate this intention within the acknowledgment of service.  The matter will then be listed for a directions hearing at which the court is likely to order that both parties submit a statement setting out their respective positions as to why the marriage has, or has not, irretrievably broken down and/or the the specific allegations contained within the petition. The defended divorce process is the same in a defended civil partnership dissolution, although some terminology is different.

Defended divorce procedure

The matter will be listed for a defended divorce hearing and the parties will be required to give oral evidence, which is likely to be subject to  cross examination. At the conclusion of the defended divorce hearing, a judge will make a decision as to whether the petitioner has proven their case.  The judge might determine that the losing party should pay the winning party’s costs.  Careful thought should therefore be given to the circumstances surrounding the breakdown of the marriage and any supporting evidence before opting for a defended divorce.

It is generally accepted that a defended divorce is not cost proportionate or of any real benefit to either party.

Decree nisi order will be pronounced if the petitioner is successful. If the respondent is successful in defending the divorce the petition will be dismissed.

If you would like to discuss defended divorce, or civil partnership dissolution, with our family lawyers in London or if we can assist you with general legal advice, please call us on 020 3405 0060 . Alternatively send us a message to arrange your free initial consultation.