How Long Can A Spouse Drag Out A Divorce UK?

As a family law solicitor, I understand the frustration of seeing a spouse drag out a divorce unnecessarily. I’ve seen firsthand how financial disputes can turn a simple divorce into a drawn-out battle costing thousands in solicitors fees and dragging on for years.

In England and Wales, a spouse can delay a divorce for up to two years, influenced by the complexity of the case and the level of cooperation. Common delay tactics include not providing necessary information or ignoring court documents, which prolongs the divorce process.

The typical timescale for a divorce in England and Wales from Application to Final Order is around 7 months. It can take over a year if your spouse is dragging out the divorce, financial settlement or arrangements for any children.

Learn how to tackle various delays head-on and keep your divorce moving forward smoothly.

The following table summarises common delay tactics and their possible delays:

Common Tactics Used to Drag Out a Divorce

1) Disputes Over Financial Settlements

A spouse may complicate a financial settlement by creating complex financial scenarios or demanding extensive documentation. This delay tactic can prolong negotiations and create multiple court hearings, extending the divorce process.

Delays can occur if a spouse is slow to provide required documents such as Form E, bank statements, and property valuations. This stalling tactic can prevent the financial disclosure process from moving forward, delaying the settlement and the finalisation of the divorce.

It’s not uncommon for individuals to spend years and substantial amounts of money trying to reach a financial settlement. The complexity of these cases often necessitates extensive documentation and can be exacerbated by one party’s lack of cooperation.

Sometimes, one spouse benefits from delaying financial negotiations, such as if they live in a home with the mortgage paid by the other spouse.

This can lead to financial strain on the paying spouse, who may be unable to afford their own living expenses while still contributing to a property they do not live in. On the other hand, the spouse benefiting from the arrangement may have little incentive to expedite the process.

The court can impose deadlines and penalise non-compliance. You can apply for a ‘Hadkinson order’ to proceed in the absence of full disclosure.

2) Child Custody Disputes

A spouse may prolong child custody negotiations by contesting arrangements or making unreasonable demands. This can lead to extended mediation sessions and court hearings, delaying the divorce finalisation.

Engaging in mediation early can help, and if necessary, the court can make interim orders to establish temporary custody arrangements.

3) Intentional Delays or Non-Response

Some common intentional delay tactics include ignoring the divorce papers, claiming non-receipt, or withholding their address.

These tactics can significantly delay the process and only add to the stress and cost of divorce.

Here are your legal options if this happens to you:

• Process server: A process server will hand-deliver the divorce application to your spouse and provide a sworn statement confirming the delivery. This step ensures that the court recognises the service, allowing divorce proceedings to continue even if your spouse does not respond.
• Deemed service: If your spouse claims non-receipt of the papers but you have evidence that they have been served (e.g., acknowledgment from a process server), you can apply for a deemed service. This legal procedure allows the court to proceed with the divorce on the assumption that the papers have been received and ignored.
• Substitute service: Substitute service involves serving the documents through an alternative method, such as via email, social media, or posting the notice in a public place. The court must approve this method, ensuring that it is likely to bring the documents to your spouse’s attention.
• Tracing services: If your spouse withholds their address, you can use tracing services to locate them. Professional tracers can use various methods to find a person’s current address, which can then be used to serve the divorce papers. This step ensures that your spouse cannot avoid the proceedings by simply disappearing.

Reasons why a spouse would intentionally delay a divorce

Spouses often attempt to delay a divorce, and there are various reasons why they might do so. Here is a detailed list of reasons why a spouse might intentionally delay a divorce:

Financial Benefits

• Shared Assets and Income: The spouse may want to continue benefiting from shared assets or the other spouse’s income, especially if they are not financially independent.
• Health Insurance: Remaining married might allow continued access to health insurance benefits provided by the other spouse’s employer.

Strategic Advantages

• Negotiation Leverage: Delaying the divorce can be a tactic to gain a better settlement by creating pressure or fatigue on the other spouse.
• Asset Concealment: Time might be needed to hide or reallocate assets in order to affect the final distribution.

Emotional Reasons

• Hoping for Reconciliation: They might delay the divorce in hopes of repairing the relationship and reconciling.
• Denial and Acceptance: They may not be emotionally ready to accept the end of the marriage and the associated changes.

Legal and Custody Issues

• Custody Arrangements: Delaying might be a strategy to influence custody arrangements, especially if the delaying spouse believes the current situation is more favourable.
• Legal Complexities: Complicated legal issues, such as property division or spousal support, can make the process longer.

Personal Circumstances

• Career or Life Events: They might be waiting for a more stable period in their life, such as the end of a significant career project or a major life event.
• Relocation Plans: Intentional delay might be linked to plans to move, which could impact divorce terms like jurisdiction.

Social and Family Pressures

• Family Pressure: They might be facing pressure from family members to delay or reconsider the divorce.
• Social Stigma: Fear of social stigma or judgement from their community can lead to intentional delays.

Children’s Welfare

• Minimising Disruption: They might believe that delaying the divorce will cause less disruption in their children’s lives, especially around key events like exams or transitions between schools.
• Parenting Dynamics: Delays can sometimes stem from a desire to manage and control parenting dynamics more effectively.

Psychological Manipulation

• Exerting Control: Delaying the divorce can be a form of control or punishment towards the other spouse.
• Dependency: They might want to maintain the emotional dependency of the other spouse.

Health and Well-being

• Mental Health Issues: Mental health issues such as depression or anxiety can lead to procrastination or avoidance of finalising the divorce.
• Physical Health: Ongoing physical health issues might cause delays, as dealing with the divorce process can be overwhelming.

No-Fault Divorce

You can now get a divorce by simply telling the court your marriage has irretrievably broken down. As part of the no-fault divorce law, there’s no longer any requirement to provide evidence or wait for long periods of separation.

One of the unavoidable delays in divorce proceedings comes after submitting a divorce application. There is a 20-week ‘cooling-off’ period designed for couples to discuss important financial and child-related issues, or to reconcile the relationship.

If you believe your spouse will be uncooperative and attempt to drag out the divorce, you should ensure you are the one who starts divorce
proceedings. To avoid long delays, you need to be in control of the process.

No-fault divorce has made it much harder for your husband or wife to object to the divorce.

Are there any consequences of dragging out a divorce?

There are several consequences for dragging out a divorce:

1. Increased Costs: Legal fees and court costs can escalate significantly due to prolonged proceedings adding to the cost of divorce.
2. Emotional Stress: Extended conflict can lead to heightened emotional and psychological strain for both parties and their children.
3. Delays in Settlements: Financial and custody arrangements may take longer to resolve, affecting financial stability and child welfare.
4. Court Penalties: Courts can impose penalties or adverse judgments on the spouse causing unnecessary delays.
5. Impact on Future Plans: Plans such as purchasing property or starting new relationships may be delayed.

These consequences underscore the importance of addressing and mitigating delays effectively.

How Divorce-Online Can Help

In summary, while a spouse can drag out a divorce for an extended period, there are legal mechanisms in place to address such behaviour.

Understanding the process, preparing adequately, and seeking professional legal advice are key steps in managing and potentially shortening the duration of divorce proceedings.

At Divorce-Online, we offer a range of low-cost divorce services designed to streamline your divorce process and minimise delays. Our cost-effective online divorce packages simplify the paperwork and procedures, while our managed divorce services handle everything for you.

Our team can help you resolve disputes amicably, offer guidance on financial settlements, and provide access to expert legal advice for complex issues. Our goal is to make your divorce quicker, less stressful, and more affordable.