Divorce proceedings are always stressful and emotionally heartbreaking, as they mark the legal end of a relationship that was once chosen for a lifetime. In the UK, while recent legal reforms have simplified the process, complications still arise—particularly when one spouse is not in agreement with the divorce or is uncooperative in resolving financial matters. One such complication is the issue of intentionally delaying divorce UK.

Understanding Intentionally Delaying Divorce UK

Despite the introduction of no-fault divorce in England and Wales under the Divorce, Dissolution and Separation Act 2020 (effective from April 2022), some individuals still attempt to hinder the process by intentionally delaying their responses or actions. Under this new law, couples no longer need to prove wrongdoing—such as adultery or unreasonable behaviour—in order to divorce. However, the law still requires the other party to acknowledge receipt of the divorce application, and failure to do so can stall the process.

This is particularly challenging when one party refuses to engage in the process, either out of emotional resistance, to gain leverage in financial negotiations, or simply to exert control.

Legal Framework and Timeline

The new law has introduced a mandatory 26-week waiting period from the date the divorce application is issued at the family court. This includes:

• A 20-week reflection period before applying for a conditional order.
• A 6-week period between the conditional order and the final order.

While this system is designed to ensure adequate time for reflection and resolution, it also provides a window in which one party may deliberately slow the process.

Consequences and Implications of Intentionally Delaying Divorce UK

Delaying a divorce may seem like a personal or emotional decision, but it carries legal consequences under UK family law. Here are two significant implications:

1. Cost Order

If the court is satisfied that the respondent (the party being divorced) is deliberately obstructing the process without good reason, the applicant (the person filing for divorce) may be entitled to claim their legal costs. This is known as a cost order, and it serves as a financial deterrent against unreasonable delays.

2. Contempt of Court

In more serious cases, where court orders are ignored or delayed responses are clearly intentional and repeated, the party may be found in contempt of court. This can result in penalties, including fines and, in rare cases, imprisonment.

Why Some People Delay Divorce Intentionally

Understanding the motivations behind such actions can help resolve or address them effectively:

• Emotional denial – The spouse may not be ready to accept the end of the marriage.
• Financial strategy – Delays can be used to negotiate better financial outcomes.
• Revenge or control – A partner may use delay as a form of emotional manipulation.
• Lack of legal advice – Sometimes, delays stem from confusion or ignorance about the process.

Whatever the reason, it’s important to address such behaviour legally and efficiently (Intentionally Delaying Divorce UK).

What Can You Do If Your Spouse Is Intentionally Delaying the Divorce?

• Seek legal advice early on.
• Keep records of all correspondence and missed deadlines.
• Apply to the court for substituted service or to dispense with service if the spouse fails to acknowledge receipt.
• Request a costs order if you incur unnecessary legal fees (Intentionally Delaying Divorce UK).
• Consider mediation if communication is still possible (Intentionally Delaying Divorce UK).

Frequently Asked Questions

Q1: Can I still get divorced if my spouse refuses to respond?

Yes, under UK law, if your spouse does not respond, you may ask the court to proceed using alternative service methods or request a default judgment.

Q2: What is a substituted service in divorce?

Substituted service allows the divorce papers to be served through other means (e.g., email, text, social media, or through a third party) if your spouse is avoiding service.

Q3: Will delaying a divorce affect financial settlements?

It can, especially if one party is intentionally obstructing negotiations. However, courts have the power to intervene and move proceedings forward, including making costs orders.

Q4: Is delaying a divorce a criminal offence?

Not necessarily, but if the delay breaches a court order or shows contempt, it may attract legal sanctions.

Q5: Can the court penalise my spouse for delaying (Intentionally Delaying Divorce UK)tactics?

Yes. The court can issue cost orders and, in severe cases, hold the spouse in contempt of court.

Our firm of family law solicitors (Intentionally Delaying Divorce UK) i.e Asher & Tomar Solicitors is regulated by the solicitors regulation authority.