Divorce can be a difficult and emotional process. However, not all divorces involve conflict or lengthy court battles. An uncontested divorce is a simpler, faster way to end a marriage when both parties agree the relationship has broken down and do not dispute the divorce itself. This article explains what an uncontested divorce is, how it works, and what you should consider before proceeding.
What is an uncontested divorce?
An uncontested divorce is when both spouses agree that the marriage has irretrievably broken down and neither disputes the divorce itself. Since the introduction of no-fault divorce, the process is generally straightforward as there is no need for either person to assign blame or prove fault. However, even if the divorce is uncontested, there may still be separate discussions or disagreements about financial settlements, property, or child arrangements. These issues are dealt with alongside or after the divorce, but they don’t prevent the divorce itself from being uncontested.
How does an uncontested divorce work?
The process of an uncontested divorce under English and Welsh law is streamlined. Here’s a step-by-step guide:
1. Filing the divorce application
One or both spouses submit an application to the court, stating that the marriage has irretrievably broken down. The application should include details of the marriage and confirm that the divorce is uncontested.
2. Acknowledgment of service
The other spouse acknowledges receipt of the application and confirms they do not intend to contest the divorce.
3. Reflection period
A 20-week reflection period follows, giving both parties time to consider the divorce and related arrangements, particularly regarding children and finances.
4. Conditional order (formerly Decree Nisi)
After the 20-week reflection period, the applicant must apply for a conditional order. This is the stage where the court confirms that it sees no reason why the divorce cannot proceed.
This is also the first point at which the court can consider making a financial order if one has been applied for. Arrangements for children can be addressed at any time, either during or after the divorce process.
5. Final order (formerly Decree Absolute)
Six weeks after the conditional order, the applicant can apply for the final order, legally ending the marriage. Once granted by the court, both parties are free to remarry if they wish.
Financial considerations in an uncontested divorce
Even in an uncontested divorce, it’s important to address finances properly. Key points include:
- Division of assets: Ensure property, savings, pensions, and investments are agreed upon.
- Spousal maintenance: Determine whether one party will provide financial support.
- Debts: Agree who is responsible for joint debts.
Documenting agreements in a financial consent order approved by the court ensures that settlements are legally binding and enforceable.
Child arrangements in an uncontested divorce
If the couple has children, there are usually separate matters to think about alongside the divorce, including:
- Child arrangements: Where the children will live and how time will be shared.
- Parental responsibility: Married parents usually both have parental responsibility automatically, meaning they share the right to make important decisions about their child’s upbringing.
- Child maintenance: Agreement on financial support for the child’s needs.
Even if parents agree, only having these arrangements formalised through a child arrangements order can set out living and time arrangements.
Benefits of an uncontested divorce
Choosing an uncontested divorce can provide several advantages:
- Lower cost: Fewer legal fees and court costs.
- Faster resolution: Often completed within 6-8 months, versus 12+ months for contested divorces.
- Less conflict: Reduces stress for both parties.
- Greater control: Couples decide terms rather than leaving decisions to a judge.
Common pitfalls to avoid
Even in uncontested cases, there are risks:
- Failing to properly document financial or child arrangements.
- Assuming verbal agreements are enough.
- Not seeking legal advice, leading to issues later.
A solicitor can help ensure that your agreements are fair, legally binding, and clearly documented.
For a free 30-minute initial chat with one of our expert solicitors in the UK, call Woolley & Co on 0800 321 3832 or complete our online form.
Is an uncontested divorce right for you?
An uncontested divorce may be suitable if:
- Both spouses agree that the marriage has irretrievably broken down and do not intend to dispute the divorce.
- You want the legal process to be as straightforward, cost-effective, and amicable as possible.
If there are disagreements, or if there are complex financial or child issues, seeking legal advice or mediation may be advisable.
Conclusion
An uncontested divorce can offer a more amicable, straightforward path to ending a marriage. By understanding the process, preparing financial and child arrangements, and seeking legal guidance when needed, couples can navigate divorce with clarity and confidence.
Even if your divorce is uncontested, professional legal support ensures agreements are fair and legally binding, avoiding complications in the future.
Speak to an experienced solicitor for a divorce today
Take advantage of a free 30-minute telephone appointment to talk through your situation. We will explain your options and how we can help. You will find our divorce lawyers are friendly, approachable and knowledgeable. Call Woolley & Co on 0800 321 3832 or complete our online form.
Davina Warrington
Family law solicitor, Burton on Trent
