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Divorce is rarely easy, but when one partner is deliberately slowing the process, it can feel like you are stuck.
Whether it is missed deadlines, ignored emails, or outright refusal to cooperate, delay tactics can turn an already painful experience into a drawn-out ordeal. So, what can you do when your partner is dragging out your divorce?
Know your rights under no-fault divorce
Since April 2022, England and Wales are governed by a no-fault divorce system, under the Divorce, Dissolution and Separation Act 2020. This means you no longer need to prove blame. To initiate divorce proceedings, you simply have to state that the relationship has broken down irretrievably.
This reform was designed to reduce conflict and streamline the process. However, it does not eliminate the possibility of delays altogether.
Why might your spouse be delaying the divorce?
Understanding the reason behind the delay can help you and your solicitor respond effectively. Common motivations include:
- Struggling to let go: Even when the relationship is clearly over, some people find it hard to accept the finality of divorce. Delay can be a way of holding onto control or avoiding reality.
- Trying to buy time: Your partner may believe that dragging things out will create opportunities to change your mind, shift financial positions or influence decisions about children or assets.
- Using delay as a leverage: Sadly, some individuals slow the process deliberately in an attempt to wear down the other person emotionally or financially, hoping they will agree to a less favourable settlement.
Whatever the reason, it is important to remember that their behaviour does not have to dictate the pace of your divorce.
Common delay tactics to look out for:
- Ignoring or refusing to respond to court documents
- Failing to disclose financial information
- Cancelling or avoiding mediation
- Refusing to agree dates
- Making unrealistic demands
Legal steps to keep your divorce moving
Fortunately, the law provides tools to help you counteract unnecessary delays. You do not have to wait indefinitely for your spouse to cooperate. Here are some legal routes to consider:
Apply as a sole applicant
If your spouse is unwilling to cooperate, you can proceed alone. A sole application gives you control over the process without requiring their agreement to continue.
Request Conditional order without their consent
After the mandatory 20-week reflection period, you can apply for a conditional order, even if your spouse has not responded, provided that they have been properly served.
Apply for deemed or alternative service
If your spouse is avoiding service of documents, you can apply for alternative methods or a deemed service where the court accepts that they have received the papers even if they will not acknowledge them.
Request for court intervention on financial matters
If financial discussions have stalled, you can initiate a financial remedy application using Form A. This allows the court to set deadlines, oversee disclosures and move matters towards a fair outcome. Deliberate non-compliance can result in cost penalties.
Emotional and Practical support
Taking legal action is one part of the picture, but looking after your own wellbeing is just as important.
- Speak to a therapist or counsellor: Divorce is emotionally taxing, especially when it is prolonged. Professional support can help you process your feelings and stay focused.
- Joining support groups for people going through divorce: You are not alone, connecting with others who are going through similar experiences can be validating and empowering.
- Keeping written record of delays and communication: These can support your case if you need to involve the court.
Complicated divorce? Trust Grant Stephens Family Law
Divorce is hard enough without delays. If your partner is dragging things out, you do not have to suffer in silence. The law is on your side, and with the right legal advice, you can take back control of the process.
At Grant Stephens Family Law, we understand how painful and frustrating a delayed divorce can be. Our team of experienced solicitors are here to help you take control of the process and secure a fair outcome, no matter how uncooperative your partner may be. Contact our team today to talk about your case and to arrange a consultation.
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Give us a call on 02921 679 508, or use the form below to request a call back
FAQs about Divorce:
What is no fault divorce?
No Fault Divorce was introduced in 2022, helping to streamline the divorce process by taking away the ability to assign and prove blame for the breakdown of a marriage. To initiate divorce proceedings now, the only option is to state that the relationship has broken down irretrievably.
What can I do if my ex-partner is delaying the divorce?
There are several legal steps that you can take if you ex-partner is delaying the divorce process:
- Apply as a sole applicant
- Request a conditional order from the courts without their consent
- Apply for deemed or alternative service
- Request for court intervention on financial matters
