Divorce Advice – Should I defend against divorce proceedings?

This article is part of Astle Paterson’s Divorce Advice series. For more guides like this, see our latest news and blogs.

Your spouse has filed a divorce petition, but should you defend it?

The vast majority of divorces in England and Wales proceed through the Courts undefended. The biggest reason for this is that, naturally, a spouse issuing divorce proceedings is usually an indicator that the marriage is at an end. No matter the situation, it is worth understanding the legal grounds for divorce, which you can find in our article – Can I legally get divorced? Defending divorce proceedings can be complex and costly, and may not be worth it.

However, there may be circumstances in which it is advisable to defend divorce proceedings. For example, where serious false allegations are made within the divorce proceedings which may impact on child arrangements or financial matters upon divorce, and where the divorce should have been issued outside England and Wales.

Our lawyers advise their clients not to defend divorce proceedings unless there is a very good reason. Therefore, should you wish to defend the divorce proceedings, you should give serious consideration as to whether this would be in your best interest or not. When you get in touch with our Divorce and Family Law Team, the first thing we do is have an honest and frank conversation about your situation.

Contacting us for Divorce advice

If you would like to contact us for advice on Divorce and the processes involved, you can choose one of the following options:

If you have any questions, or need help on divorce or separation matters, Astle Paterson are on your side.

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