In some of our complex divorce cases, we hear our clients ask: “How long can a spouse drag out a divorce?”. And we get it. When an ex delays a divorce intentionally, it can cause huge frustrations, anxiety, and stress. If you’re feeling like you’re at your wits’ end, you’re in the right place.
In this blog, our expert UK divorce solicitors share common reasons why your ex is dragging out your divorce, the consequences of doing so, and ways to prevent your spouse from delaying your divorce further.
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How long can a spouse drag out a divorce?
Under UK law, there is no set amount of time a spouse is able to delay a divorce for. However, our lawyers see most spouses drag divorces out for a year or two. We know, that seems so long to get divorced! There are a number of reasons why your ex could intentionally delay your divorce, but that doesn’t make it any easier.
When uncontested and straightforward, a divorce in either England or Wales takes between 6-9 months to complete but can take longer due to any complexities. Going through the financial divorce process for nearly 2 years can cause a lot of distress and feeling like you’re stuck in a limbo you can’t move on from. A good divorce lawyer will be able to guide you through the process and support you at every step.
UK divorce timeline: Understanding the process
Many people understand what it means to get divorced, but the actual process of getting divorced is more of a mystery. There are five key steps to the divorce process:
1) Application
Either one or both parties must submit the divorce application to the courts. This is done via the HMCTS portal. Now with no-fault divorce, you are able to state the breakdown of the marriage without assigning blame.
2) Reflection period
Once you have sent off your application, and your ex has responded to the divorce application, you now must complete a 20-week reflection period. This is a mandatory step of the divorce process that allows both parties to exchange financial information and agree to child arrangements if necessary.
3) Conditional order
When the reflection period is finished, the applicant(s) can then apply for a conditional order (formerly referred to as a Decree Nisi). The court will then review your case and if they are satisfied, grant your conditional order.
4) Waiting period
After the conditional order has been granted, there is another mandatory waiting period. This time, it’s just for six weeks. However, this must be completed before the final steps of the process can happen.
5) Final order
Now that your 6-week waiting period has come to an end, you can apply for the final order (formerly referred to as a Decree Absolute). This will officially end your marriage. This does not end financial ties, and such matters must be resolved alongside the divorce and ideally before a final order on divorce is made.
Why is my divorce taking so long?
As you can see, the divorce process is already quite lengthy without spouses intentionally delaying it further.
It’s worth noting that if more than 12 months occur between getting your conditional order and applying for your final order, you must write a statement for the courts with your application that explains the delay. Of course, this could drag your divorce out even longer.
Common ways spouses drag out a divorce
The UK’s divorce process has been specifically designed to be as simple as possible, but there are still ways your wife or husband can drag out your divorce.
- Refusing to fill in paperwork: Paperwork is never fun, but sometimes it is necessary. By ignoring the forms, your spouse can delay the process by needing to be continually chased.
- Not responding to the court: When responding to a divorce application, the spouse must return the acknowledgement of service to the court within 14 days. If this doesn’t happen, the courts can’t move forward with your application.
- Disputing financial disclosure: Financial settlements can drag if one party doesn’t disclose all their financial information. Without this, the courts can’t finalise your consent order.
- Disagreeing over child arrangements: We understand that reaching an agreement on your parenting plan is never easy, but disagreements only cause more hurt and upset, plus costs and time in your divorce.
- Lack of engagement in mediation: Mediation or other alternative dispute resolutions are common in divorce. Refusing to attend sessions or cancelling last minute can extend the length of your divorce.
- Filing unnecessary applications: If your spouse files additional applications, it forces the court to pause your main application to consider these new forms.
- Refusing to remove belongings from marital home: Whilst this doesn’t exactly delay your divorce, when your ex refuses to move their possessions from your marital home, it can lead to tension and a delay in feeling like your divorce is emotionally complete.
Can you refuse a divorce?
Simply put, no, you can no longer refuse a divorce. This has changed since the introduction of no-fault divorce in 2022.
Previously, you had to provide one of five reasons why you wanted to get divorced and your ex could contest this – leading to delays or even blocking the divorce. Nowadays, you only need to state that your marriage has broken down irretrievably. This is taken as conclusive evidence, with no proof of blaming required to start the divorce process.
Most importantly, your spouse cannot contest the divorce (with only a few exceptions to this, such as they are contesting the legality of the marriage to begin with).
The consequences of dragging out divorce
Delaying a divorce negatively impacts everyone – including the person deliberately stalling the process. There are multiple emotional, financial, and even physical consequences to this.
- Emotional stress: It’s no secret that divorce is emotionally taxing, and extending the process only adds to the anxieties and stress you experience.
- Increased legal costs: The cost of divorce is not cheap, and dragging out the process only adds to the legal fees you need to pay. Especially if your spouse adds unnecessary applications.
- Financial worries: Until your divorce settlement is finalised, both you and your spouse are vulnerable. For example, you may not be able to sell your home, access any savings accounts, or secure your assets if they’re frozen. It can be an extremely expensive time, which can lead to even more stress. If you’re worried about how you will financially survive divorce, check out our blog for more information.
- Influence on the kids: Sure, this is a difficult time for you and your spouse, but it’s potentially even harder for the kids. The longer the delay and more tension between parents, the more this will negatively impact your children.
- Risk of interference from the court: If your spouse is refusing to cooperate, you can ask the court to intervene. It’s important to note that although your ex is more likely to get the ball rolling again, it can also create even more delays.
Ways to prevent your ex from intentionally delaying your divorce
We understand that you may feel helpless when your ex is dragging out your divorce, but fortunately, there are some ways you can speed up the process.
Seek legal advice sooner rather than later
If you’re feeling helpless with what to do, a family law solicitor can help. They’ll listen to your situation, recognise delay tactics, and inform you of the next steps to take to ensure your divorce keeps moving forward.
See how our divorce experts successfully helped a client in Leeds through a lengthy divorce
A client reached out to our Leeds divorce solicitors as they needed advice and support for their already lengthy and challenging divorce.
One of our Senior Associates, Heidi Susan Fleming, worked with the client. She ensured they were informed throughout the entire process, answering any questions or concerns with ease. The client finally completed her divorce, and said:
“I have to thank my solicitor Heidi for her support, never-ending patience and understanding during what was one of the worst times of my life.
“She kept me well informed through the process, was always prompt in replying to millions of questions (sometimes the same ones repeatedly) clearly and consistently offering support and advice, helping me navigate a difficult few years of divorce.
“I cannot rate Heidi enough and recommend her highly should you find yourselves in a difficult divorce. Thank you again for everything.”
If you need help with your lengthy divorce, reach out to our team today.
Consider how you communicate
We know just how easy it can be to have a screaming match – potentially multiple times – throughout your divorce. However, these emotive arguments often lead it to be dragged out even longer.
We recommend maintaining a calm composure (we know, easier said than done), with a clear plan of what you want to achieve in each conversation. Where possible, use written communication which the courts can then use if they need evidence for your delay.
Opt for mediation services
Leading on from that, if you and your ex are struggling communicating, why not get the help of a mediator? Here at Stowe Family Law, we provide mediation services for various clients. This allows you to get to your agreement faster meaning you complete your divorce quicker.
Apply for alternate services
A common divorce delaying tactic is refusing to acknowledge the divorce application. If your ex-spouse is doing this, your solicitor can move forward with your process (even without their cooperation) by applying for:
- Deemed service: This is proof that they have seen the divorce papers.
- Bailiff service: This is where court officers hand-deliver divorce papers.
Proceed as a sole applicant
If you’re continually waiting for your partner to do the next step, like applying for a Final Order, you could choose to proceed with your divorce as a sole applicant.
Even if your ex doesn’t continue with their side of the process, the court will still complete the divorce when the legal requirements are met.
Ask for case management directions
If your ex-partner really is refusing to cooperate, your lawyer may be able to ask the court for case management directions. This basically means that you and your solicitor take control of the timetable and set strict deadlines.
If your ex doesn’t abide by these deadlines, the judge is then able to impose costs against your spouse.
Apply for a consent order as soon as possible
Once you and your spouse have come to an agreement on who gets what in your financial divorce settlement, we recommend applying for your consent order.
This way, your assets are protected, and the settlement can’t be dragged out even longer.
Under UK law, does stalling a divorce impact the financial settlement?
Yes, delaying a divorce can impact your financial settlement.
The longer it takes to get divorced, the higher the chance of your assets decreasing in value. Sometimes, this can impact what is considered a fair split, meaning one of you may end up with “more” from the divorce.
Typically, courts assess each party’s finances at the time of the hearing, not when your divorce is first filed. Therefore, any changes that occurs to your or your ex-partner’s financial standing throughout your divorce proceedings could affect your final settlement.
Reach out to our divorce lawyers for expert legal advice
If you find yourself in this situation and you’re not sure where to turn, our solicitors are here to help. We’ll listen to your needs and provide tailored advice, so you get the right solution. From protecting your assets to advising on the next steps, we’ll help you move forward with life confidently.
Call our Client Care team on 0330 159 9817 or fill out the form here.
