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Family Law

Updated 2026-04-09

Contested vs Uncontested Divorce

Comparing the process and costs of a contested divorce versus an uncontested no-fault divorce in England & Wales.

Overview

Since 6 April 2022, all divorces in England & Wales proceed on a no-fault basis under the Divorce, Dissolution and Separation Act 2020. There is no longer any requirement to establish 'facts' (adultery, unreasonable behaviour, etc.). A spouse can apply alone or jointly. However, a divorce can still be contested — though the grounds for doing so are very narrow under the new law.

Side-by-Side Comparison

Uncontested (Sole or Joint) Application

Cost: Court fee: £593. Solicitor fees: optional but advisable for complex financial matters.

Time: Minimum 26 weeks (typically 6–12 months in practice)

Pros

Straightforward online process — available at gov.uk
Minimum 26-week process from application to Final Order
No need to prove any fault or assign blame
Joint applications avoid any adversarial dynamic

Cons

Financial matters (division of assets, spousal maintenance) are a separate process — a Consent Order or court order is needed
The 26-week minimum period means there is no quick divorce
Children matters are entirely separate from the divorce itself

Best For

Most divorces — the new law is designed to make uncontested divorce the norm. Particularly suitable for amicable separations or those using a family mediator.

Contested Divorce

Cost: Court fees plus potentially substantial legal costs (£5,000–£30,000+)

Time: 1–3 years for a contested hearing

Pros

Allows a respondent to raise genuine jurisdictional objections
Appropriate where there is a genuine dispute about whether the marriage is valid

Cons

Extremely rare under the 2020 Act — courts will almost always proceed with the divorce
Very expensive — requires legal representation and full court proceedings
Delays the divorce significantly — contested hearings take months or years
Costs orders are likely against the contesting party who has no valid ground

Best For

Exceptional cases with genuine jurisdictional issues or invalidity arguments. In practice, contesting a divorce is rarely advisable or effective under the new law.

Key Differences

AspectUncontested (Sole or Joint) ApplicationContested Divorce

Grounds to opposeNone required — no-fault processOnly jurisdiction or invalidity — no longer possible to oppose on merit

Cost£593 court fee£593 fee + substantial legal costs

DurationMinimum 26 weeks1–3 years

OutcomeDivorce almost certain to proceedCourt still likely to grant divorce in most cases

Relationship impactCollaborative — joint application possibleHighly adversarial and expensive

Financial settlementSeparate process — Consent Order or contested financial remedy orderSeparate process — but likely to be complicated by contested divorce proceedings

Our Recommendation

Under the Divorce, Dissolution and Separation Act 2020, contested divorce is rarely appropriate or effective. Focus resources on agreeing financial matters and children arrangements rather than contesting the divorce itself. Apply online, consider a joint application where possible, and obtain separate legal advice on any Consent Order or financial remedy application. MIAM (Mediation Information and Assessment Meeting) is required before applying to court on most family matters.