Contested Divorce

The respondent to a divorce petition has the right to contest it, unless the couple divorce by mutual consent following a 2 year separation. To contest the petition means to challenge the grounds for divorce. A respondent to an adultery petition may deny the act of adultery, for example, and the judge would then have to hear the evidence and decide whether or not adultery took place.

The result of a successful defence is that the couple stay married. However, a partner filing for divorce is generally a clear indication that a marriage has broken down, and is not worth defending. Respondents can file a statement denying the facts alleged in the divorce petition, but nevertheless confirming that they do not intend to defend.

Often both spouses have equally valid reasons for divorce, but this is not a reason to defend one partner’s petition.

There may be good reason to defend if there is a dispute as to which country should deal with a divorce. In this case a successful defence may be of great importance in establishing priority for a divorce proceeding in another country.

What our clients are saying:

TR - Hertfordshire

"I want to thank you for your support Julius over the year and of course I repeat what I said before, your fees are worth every penny!"