Contested divorce is a legal process in the United Kingdom in which one party in a marriage disagrees with the grounds for divorce or the terms of the divorce settlement. This disagreement can make the divorce process more complicated and time-consuming, often requiring court intervention to resolve the disputes between the parties.
Legal Framework
In the UK, divorce is governed by the Matrimonial Causes Act 1973. To file for divorce, one party must prove that the marriage has irretrievably broken down, which can be demonstrated by citing one of five grounds for divorce:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years’ separation with consent
- Five years’ separation without consent
If one party contests the divorce, they may do so by disputing the grounds for divorce or by disagreeing with the terms of the divorce settlement, including issues such as the division of assets, child custody arrangements, or spousal support.
Legal Process
In a contested divorce scenario, the court usually holds hearings to address the parties’ disagreements. This process may involve gathering evidence, hearing testimony from both parties and any witnesses, and ultimately making a decision on the terms of the divorce settlement.
It is essential to recognise that contested divorces can be financially burdensome and time-consuming due to legal fees and court costs. Parties involved in a contested divorce should seek legal advice from a solicitor specialising in family law to protect their rights and navigate the legal complexities.
Ultimately, the court will issue a final decision on the terms of the divorce settlement, considering the best interests of any children involved and ensuring fairness to both parties. Once the court issues a decree absolute, the divorce is finalised, and both parties can move forward with their lives.
Conclusion
In conclusion, a contested divorce can be a challenging and emotionally draining process in the UK. However, with the appropriate legal advice and support, parties can navigate the legal system’s complexities and achieve a fair resolution. It is crucial to approach a contested divorce with a clear understanding of the legal process and seek guidance from experienced legal professionals to secure the best possible outcome.
