Divorce can be an emotionally draining process – and it becomes even more challenging when one spouse seems determined to drag things out. Whether it’s through slow responses, refusing to engage or making things unnecessarily difficult, delay tactics can add stress, confusion and cost.
In this article, we explain what happens if your spouse delays a divorce in the UK, your rights under no-fault divorce laws and the steps you can take to keep the process moving – along with how to get a free 30-minute consultation with a solicitor if you’re feeling stuck.
Can one spouse delay a divorce?
The short answer is: less so than before. Since the introduction of the Divorce, Dissolution and Separation Act 2020, the process has changed significantly. No-fault divorce, which came into force in April 2022, means that neither party needs to assign blame for the breakdown of the marriage.
Importantly, it also means that your spouse cannot contest the divorce simply because they don’t want it to go ahead. Once a statement of irretrievable breakdown is made, the court will accept it – and there’s no legal way for the other party to block the divorce on emotional or personal grounds.
However, that doesn’t mean delays can’t happen in other ways.
Common ways a spouse may delay divorce
While they can’t stop the divorce entirely, a spouse may still try to slow the process through other means:
- Not responding to paperwork in a timely manner
- Refusing to engage in discussions about finances or children
- Delaying the signing of forms such as the Acknowledgement of Service
- Missing court deadlines
- Dragging out financial negotiations to avoid finalising a settlement
These tactics can be frustrating – especially if you’re trying to move on with your life. But there are steps you can take to reduce their impact.
What are your rights under no-fault divorce?
The good news is that no-fault divorce makes it much harder for one person to derail the process. Here’s how it works:
- Either one spouse (sole applicant) or both spouses (joint applicants) can apply for divorce.
- The court will not require proof of misconduct or blame.
- Once the application is submitted, the process follows a set timeline:
- 20-week reflection period
- Application for the Conditional Order
- 6-week cooling-off period
- Application for the Final Order
- 20-week reflection period
Even if your spouse does nothing, you can still proceed. If they fail to respond to the application, you can apply for the Conditional Order on your own. If they continue to ignore the process, the court may still issue the Final Order in their absence – provided you follow the correct steps.
What if your spouse is delaying the divorce?
1. Switch from a joint application to a sole application
If you started the process together but your spouse is no longer cooperating, you can switch to a sole application and continue independently.
2. Apply for deemed service
If your spouse ignores the paperwork, you can ask the court to accept that they’ve been served – even without a formal acknowledgment – if you can prove they received the documents (e.g. via a process server or recorded delivery).
3. Request court directions
If delays are affecting the financial side of your divorce, your solicitor can ask the court to issue directions to move things forward – including deadlines for disclosure or submission of forms like the D81.
4. Use Form D11
This form allows you to ask the court for specific orders or permissions – such as proceeding in the absence of the other party or changing from a joint to a sole application.
What if financial matters are being delayed?
In many cases, the divorce itself can proceed while financial negotiations are ongoing. However if your spouse is uncooperative about finances, this can hold up the Consent Order – the document that makes your financial agreement legally binding.
Without a Consent Order, you may be vulnerable to future claims, even years after the divorce. If your spouse is stalling:
- You can apply to the court for a Financial Remedy Order, which allows the judge to impose a fair outcome even without their agreement.
- You may also request a Costs Order, requiring your spouse to cover your legal costs if they’ve been deliberately obstructive.
A solicitor can guide you through these options and represent your interests in court if necessary.
Can delays be used as a control tactic?
Sadly, yes. In some cases, one spouse uses delay as a form of emotional or financial control. This is especially concerning where there’s a history of coercive or abusive behaviour.
If you believe your spouse is intentionally manipulating the process to cause stress, delay your financial independence or exert power, speak to a solicitor immediately. Legal support can ensure your rights are protected and help you take decisive steps to move forward.
Will the court penalise a delaying spouse?
Potentially. Courts take a dim view of unreasonable behaviour – especially where it wastes time, resources or puts the other party at a disadvantage.
In financial proceedings, the court may:
- Issue cost penalties against the delaying party
- Order interim maintenance if you’re being financially impacted
- Impose deadlines and proceed in their absence if they continue to stall
Acting swiftly and following correct procedure increases the chance that the court will support your case.
Take control of your divorce – Even if your spouse won’t cooperate
You don’t have to stay stuck in limbo just because your spouse is dragging their feet. The UK’s no-fault divorce system gives you the tools to move forward, even if the other person isn’t playing fair.
At Osbourne Pinner, our experienced family law solicitors can help you navigate delays, switch to a sole application and take control of the process from start to finish.
We offer a free 30-minute consultation to discuss your case. Contact us today via the form below, call 0203 983 5080 or email [email protected] to speak with a local divorce solicitor near you. We can speak with you via video call or welcome you to one of our local offices in London (Harrow, Canary Wharf or Piccadilly Circus) or Manchester City Centre.
