Contested v Uncontested Divorces – What’s the Difference and What Should You Expect?

Not every divorce in Northern Ireland follows the same path. Whether a divorce is uncontested or contested can make a very significant difference to the cost, the length and the stress of the process. Understanding that difference at the outset can help separating couples make sensible decisions about how to proceed.

The Legal Framework

Divorce in Northern Ireland is governed by the Matrimonial Causes (Northern Ireland) Order 1978. The petitioner must show that the marriage has broken down irretrievably by relying on one of five facts:

1. Adultery

2. Ureasonable Behaviour

3. Desertion for at least two years

4. Two years’ separation with the other spouse’s consent; or

5. Five years’ separation.

A divorce petition cannot ordinarily be presented within the first two years of marriage. Once the petition has been issued and served, the respondent decides whether to defend it, and that decision largely determines which route the divorce will take.

Uncontested Divorce

An uncontested divorce arises where both parties accept that the marriage is over. Neither party wishes to remain married, and the respondent does not oppose the petition. This is by far the most common route in Northern Ireland.

As there is no dispute about whether the divorce should be granted, the process is much less complex. Once the respondent has acknowledged the petition, the matter can progress through the court to Decree Nisi and then Decree Absolute relatively quickly and without the need for further pleadings or a contested hearing. As a result, uncontested divorces are considerably faster and far more cost efficient. They also tend to keep matters amicable between the parties, which is particularly valuable where arrangements for children or the division of finances still need to be agreed.

Contested Divorce

A contested divorce arises where the respondent opposes the petition. To do so, the respondent must file an Answer setting out the grounds on which the petition is disputed and will often also file a Cross-Petition seeking a divorce on their own terms. The petitioner may then need to respond, and the case must be prepared for a full hearing at which point evidence is heard from both parties.

The most important difference is cost. Each additional stage of pleadings, correspondence, preparation and court attendance increases the legal fees on both sides, and the overall expense of a contested divorce can be many times that of an uncontested one. Contested divorces also take much longer to conclude, and the delay can hold up the resolution of related matters. In practice, the courts in Northern Ireland do not hear defended divorces very often, as most cases are resolved by agreement before they reach a final hearing, frequently after considerable expense has already been incurred.

Why Do Some Divorces Become Contested?

The need to rely on one of the five facts means that a spouse seeking a prompt divorce will often have to cite adultery or unreasonable behaviour. Allegations of this kind can provoke a respondent into defending the petition even where they agree the marriage is over, simply because they object to how events have been described. This can push couples towards conflict and expense that neither of them wants, even though, in most cases, neither party wishes to remain married.

What Should You Expect?

With careful handling, most divorces can and should proceed on an uncontested basis. Petitions can be drafted in measured, non-inflammatory terms, and the content can often be discussed and agreed with the other party or their solicitor before issue. Where both parties are content to wait, a two-year separation petition with consent avoids allegations altogether. Taking early, constructive legal advice is the most effective way to save time, reduce costs and limit the strain on everyone involved.

If you are considering divorce, our experienced Divorce & Family team at P.A. Duffy & Co Solicitors can explain your options and help you choose the most appropriate and cost-effective route for your circumstances.

To speak with a member of our team, call us on 028 8772 2102 or email enquiries@paduffy.com

*Informacje te mają charakter wyłącznie orientacyjny i nie stanowią porady prawnej; nie należy ich traktować jako substytutu profesjonalnej porady dostosowanej do konkretnej sytuacji.