Divorce is often difficult enough without a spouse deliberately dragging out the process. When you’re ready to move forward, but your partner won’t cooperate, it can feel like you’re stuck in limbo with no end in sight.
The introduction of no-fault divorce in April 2022 made the process fairer and removed the ability for one spouse to simply refuse a divorce. However, whilst your spouse can no longer permanently prevent your divorce from happening, there are still ways that a lack of cooperation can affect timelines and add months, or even years, to what should be a straightforward process.
In this guide, we’ll walk you through the standard divorce timeline in England and Wales, explain how long a spouse can realistically delay proceedings, and most importantly, show you what practical steps you can take when your spouse won’t cooperate. Whilst delays are frustrating, there are steps you can take to minimise them and continue through the divorce process.
The Standard Divorce Timeline in England and Wales
No-fault divorce was introduced in England and Wales in April 2022, fundamentally changing how divorce works. Under this system, you no longer need to prove fault or live apart for years before divorcing. Instead, you simply need to confirm that your marriage has irretrievably broken down.
The minimum timeline for divorce is now 26 weeks from application to final order. This is the quickest a divorce can be completed, and it only applies in straightforward cases where both parties cooperate fully.
Here’s how the process breaks down:
Making an application: You can apply for divorce either jointly with your spouse or individually as a sole applicant. You’ll need to provide your original marriage certificate (or a certified copy) and pay a court fee of £612.
Acknowledgement of service: If you apply individually rather than jointly, your spouse has 14 days to complete an acknowledgement of service. This is simply to confirm that they’ve received the divorce papers. They can either agree to the divorce or dispute it, though as we’ll explain later, the grounds for disputing are now very limited.
Reflection period: After you submit your application, there’s a mandatory 20-week waiting period before you can apply for a conditional order. This period is designed to give you time to reflect on the decision and to sort out practical arrangements for children and finances. Whilst you can’t speed up the divorce itself during this time, you can use it productively to negotiate and finalise other important matters that could otherwise cause delays.
Conditional order: After the 20 weeks have passed, you can apply for a conditional order (previously called a decree nisi). The court reviews your application, and if the judge is satisfied that the legal requirements have been met, you’ll receive a certificate confirming the date and time your conditional order will be granted. Once granted, you must wait another 43 days before you can finalise the divorce.
Final order: After 43 days, you can apply for a final order (previously called a decree absolute). The court checks that all time limits have been adhered to and that there are no reasons to refuse the application. If everything is in order, your divorce is granted, and your marriage is legally ended.
NOTE: If more than 12 months pass between being granted your conditional order and applying for your final order, you must provide a written statement to the court explaining the reasons for the delay.
It’s important to emphasise that 26 weeks is the absolute minimum in a completely straightforward, cooperative case. Every divorce is different, and timelines vary considerably based on individual circumstances, particularly when one spouse is uncooperative or when there are complex financial or child arrangement matters to resolve.
How Long Can a Spouse Really Drag Out a Divorce?
So, how long can delays actually last when your spouse won’t cooperate?
Whilst the basic divorce process has fixed timeframes that can’t be avoided, an uncooperative spouse can extend the overall timeline considerably beyond the 26-week minimum.
Here’s what you can realistically expect:
Straightforward, cooperative divorces: Where both parties work together, agree on arrangements, and respond to correspondence promptly, the process typically takes 6-7 months from start to finish.
Highly uncooperative spouse with financial or children disputes: When a spouse is intentionally delaying divorce or when there are significant disagreements about finances or child arrangements, the process can easily stretch to 1-2 years.
However, while your spouse can cause delays, they cannot permanently prevent your divorce.
This is one of the most important changes brought about by no-fault divorce legislation. Before April 2022, if you wanted to divorce without your spouse’s agreement, you had to either prove fault (adultery, unreasonable behaviour, or desertion) or live apart for two years (with consent) or five years (without consent). A spouse could contest the allegations of fault, dragging proceedings out for years.
This is empowering information if you’ve been feeling trapped or worried that you’ll never be able to move on. Whilst your spouse can make the process more difficult and time-consuming, they cannot stop it permanently.
Common Delay Tactics
When a spouse doesn’t want a divorce or is being deliberately difficult, there are several ways they can slow down the process. Some are intentional delay tactics, whilst others may simply be the result of conflict and inability to agree. Here are the most common:
Refusing to Sign the Acknowledgement of Service
When you apply for divorce as a sole applicant, your spouse is sent an acknowledgement of service form. They have 14 days to complete and return it, confirming they’ve received the divorce papers and indicating whether they intend to dispute the divorce.
Some spouses refuse to sign or return this form, either because they’re in denial, they’re angry, or they believe not signing will somehow prevent the divorce. Whilst this is frustrating, it’s important to know that it doesn’t actually stop your divorce; it just adds extra steps.
If your spouse won’t acknowledge service, you can apply for “deemed service”, which involves proving to the court that your spouse received the papers. Alternative options include using a bailiff or process server to personally deliver the papers, or in extreme cases where your spouse is deliberately hiding, you can apply to dispense with service altogether.
These additional steps add time, but they don’t prevent your divorce from progressing.
Disputing the Divorce
Under no-fault divorce, the grounds for disputing a divorce are extremely limited. Your spouse can only successfully challenge a divorce if:
- You’re not actually legally married.
- Your marriage isn’t recognised in the UK.
- Your marriage is void or invalid for legal reasons (such as bigamy or lack of proper consent).
- There are jurisdictional issues (questions about whether the English or Welsh courts have the authority to grant the divorce).
What your spouse cannot do is dispute the divorce simply because they don’t want it or because they disagree with your reasons.
“I don’t agree with the divorce” or “I think we should stay together” are not valid legal defences under the current system.
Most disputes on other grounds will not succeed and will simply add a few weeks to the process whilst the court dismisses them. However, if there are genuine technical issues, these may need to be resolved before the divorce can proceed.
Financial Disputes
Financial disagreements are one of the most significant sources of delay in divorce proceedings. Disputes can arise over:
- How to divide property and other assets.
- Pension sharing arrangements.
- Spousal maintenance (ongoing financial support).
- Business valuations and ownership.
- Hidden assets or lack of financial disclosure.
If you and your spouse cannot reach an agreement through negotiation or mediation, you may need to apply for a financial order through the court. This process can be lengthy, involving:
- Full financial disclosure from both parties
- Valuations of properties, businesses, or pensions
- Expert reports in more complicated cases
- Multiple court hearings
Some people choose to delay applying for their final divorce order until finances are settled, though this isn’t legally required.
Child Arrangement Disagreements
Where children are involved, disagreements about their living arrangements, contact schedules, or major decisions about their upbringing can cause significant delays.
Child arrangement disputes are dealt with separately from the divorce itself under the Children Act, but they often run alongside divorce proceedings. These cases may involve:
- Mediation Information and Assessment Meetings (MIAMs)
- Children and Family Court Advisory and Support Service (CAFCASS) involvement
- Welfare reports
- Multiple court hearings to determine what’s in the child’s best interests
The court’s primary concern is always the welfare of the child, which means these matters are treated with appropriate seriousness and care, but this does take time.
Refusing to Engage with Mediation
Before applying to court for financial or child arrangements, you’re usually required to attend a MIAM to explore whether mediation could help you reach an agreement. If your spouse refuses to attend mediation or attends but refuses to negotiate in good faith, this can create additional delays.
Whilst you can proceed to court if mediation is unsuccessful or if your spouse won’t engage, you’ll need to document these attempts. The refusal to mediate may also be taken into account by the court when considering costs, as courts generally expect parties to make reasonable attempts to resolve matters outside of court where possible.
General Non-Cooperation
Sometimes, delay comes from general obstructive behaviour rather than any specific tactic:
- Ignoring correspondence related to divorce proceedings.
- Repeatedly missing deadlines for submitting documents.
- Failing to provide the required financial disclosure.
- Not attending scheduled hearings or appointments.
- Raising irrelevant objections or making unreasonable demands.
This type of behaviour forces you to make repeated applications to court for directions or orders compelling cooperation. Each application takes time to be heard and adds to both the timeline and the costs of the divorce.
What You Can Do When Your Spouse Won’t Cooperate
There are practical steps you can take to keep your divorce moving forward when your spouse is intentionally delaying divorce:
Seek Legal Advice Early
Seeking professional guidance as soon as possible is invaluable when dealing with an uncooperative spouse. A solicitor experienced in divorce proceedings can:
- Advise you on the best strategies for your specific situation.
- Help you understand which battles are worth fighting and which aren’t.
- Assist with applications for deemed service, court directions, or other procedural steps.
- Negotiate on your behalf with your spouse or their solicitor.
- Help you avoid common pitfalls that create additional delays or costs.
The earlier you seek advice, the better positioned you’ll be to navigate the process efficiently.
Proceed as a Sole Applicant
You don’t need your spouse’s agreement or cooperation to start the divorce. Sole applications are common and perfectly valid under the law.
Applying as a sole applicant removes the need for joint cooperation from the very beginning. Whilst your spouse will still be notified and given the opportunity to respond, you’re not waiting for their agreement to initiate proceedings.
Consider Your Communication Strategy
Sometimes, direct communication with an uncooperative spouse only escalates conflict. If conversations consistently break down or become hostile, consider whether solicitor-to-solicitor communication might be more effective.
Professional intermediaries can sometimes achieve progress where direct communication has failed. They remove the emotional element and focus purely on the practical and legal aspects that need to be resolved.
Whatever communication method you use, keep everything documented. Save emails, letters, and records of phone calls. If you need to demonstrate to a court that you’ve made reasonable attempts to cooperate whilst your spouse has not, this documentation will be essential.
Also consider whether mediation might help, even if your spouse initially seems reluctant. Sometimes, having a neutral third party facilitate the conversation can break through the deadlock.
Gather and Organise Documentation
Be proactive about collecting and organising all relevant documents:
- Financial documents (bank statements, pension information, property valuations, business accounts).
- Records of all communication attempts with your spouse.
- Evidence of your spouse’s non-cooperation (missed deadlines, ignored correspondence, failed mediation attempts).
Having everything organised means you can respond quickly when needed and won’t face delays because you’re scrambling to find documents.
Use Court Mechanisms When Necessary
Don’t hesitate to use the court’s tools for dealing with non-cooperation:
- Apply for deemed service if your spouse won’t acknowledge the papers.
- Request a directions hearings if your spouse is persistently missing deadlines or refusing to engage.
- Ask the court to make orders requiring your spouse to provide specific information or take certain steps.
Courts are familiar with uncooperative parties and have procedures designed specifically to keep cases moving forward. Your solicitor can advise you on when and how to use these mechanisms effectively.
Stay Focused on the Bigger Picture
It’s easy to get caught up in responding to every obstructive action or unreasonable demand from your spouse. However, remember that delay tactics often lose their effectiveness over time.
Courts recognise unreasonable behaviour and can penalise it through costs orders or unfavourable findings. Keep moving forward with what you can control, and don’t let your spouse’s behaviour derail your progress or your wellbeing.
Protect Your Wellbeing
A protracted divorce can be emotionally and mentally draining. Don’t underestimate the importance of looking after yourself during this time:
- Consider support from a counsellor, therapist, or divorce support group.
- Focus on the aspects of your life and the process that you can control.
- Set boundaries with your spouse to protect your mental health.
What the Court Can Do to Assist
Courts are well-versed in dealing with uncooperative parties, and judges recognise when one spouse is being deliberately obstructive rather than raising legitimate concerns.
When a court determines that your spouse’s behaviour is unreasonably delaying proceedings, several consequences may follow:
Costs orders: The court can order your spouse to pay some or all of your legal costs. Whilst costs orders in divorce proceedings are less common than in other types of litigation, the court can make them where one party’s unreasonable behaviour has unnecessarily increased costs.
Unfavourable findings in financial proceedings: If your spouse is being obstructive about financial disclosure or other financial matters, the court can draw adverse inferences. This means the judge may assume that hidden information would be unfavourable to your spouse and make financial orders accordingly.
Proceeding without their input: In extreme cases, if your spouse persistently refuses to engage despite court orders, the court can proceed to make decisions without their participation. This removes any tactical advantage they might have hoped to gain through non-cooperation.
For these mechanisms to work effectively, documentation is crucial. You need to demonstrate to the court that:
- You’ve made reasonable attempts to cooperate and resolve matters.
- Your spouse has persistently refused to engage or has been deliberately obstructive.
- Their behaviour is unreasonable given the circumstances.
Your solicitor can help you build this record properly from the beginning, ensuring that if you do need to ask the court to intervene, you have the evidence to support your position.
Moving Forward
Divorcing an uncooperative spouse is undoubtedly more challenging and time-consuming than a straightforward, amicable divorce. The minimum 26-week timeline can easily stretch to 1-2 years or more when your spouse is intentionally delaying divorce proceedings, particularly if there are financial or child arrangement matters to resolve.
Remember that the difficulties you’re experiencing now are temporary. With the right support and strategy, you will get through this process and be able to start the next chapter of your life.
If you’re dealing with an uncooperative spouse and feel stuck or overwhelmed, you don’t have to navigate this alone. At Tann Law, we regularly support clients through the divorce process, including when one party is deliberately difficult or uncooperative.
We can help you develop a clear strategy for moving your divorce forward, handle communications with your spouse or their solicitor, and use the appropriate court procedures to overcome obstruction. Most importantly, we’ll ensure you understand your options at every stage so you can make informed decisions about your future.
For compassionate, expert guidance on divorce proceedings, contact Tann Law Solicitors today:
Tel: 0247 763 2323
Email: info@tannlaw.co.uk