Divorce, by its very nature, can be emotionally, financially, and legally complex. When one party attempts to prolong the process, it can become a draining and frustrating experience.

In the UK, family law has undergone reforms in recent years to simplify and streamline the divorce process — notably with the introduction of the no-fault divorce in April 2022. However, even with this in place, an uncooperative spouse can still cause delays.

This article explores the reasons behind a protracted divorce, outlines your legal options for preventing stalling tactics, and discusses the implications of such behaviour.

What are common reasons a spouse may prolong divorce proceedings?

A spouse may delay a divorce for various reasons — some emotional, others tactical. Recognising these motivations can help you better respond to the situation.

  • Emotional denial or grief: Some individuals struggle to accept the end of a marriage. For them, delaying proceedings may be a subconscious way of holding onto the relationship. This emotional resistance can manifest in refusing to engage with solicitors, not signing documents, or avoiding communication altogether.
  • Hopes of reconciliation: A spouse may believe that prolonging the process might lead to reconciliation. This is especially common in cases where the divorce is one-sided. They may interpret delays as giving the other party time to reconsider.
  • Retaliation or punishment: Divorce can breed resentment. A spouse who feels wronged may use delays as a form of punishment. This passive-aggressive tactic often involves missed deadlines, refusing to attend mediation, or obstructing financial disclosure.
  • Financial control: In more manipulative scenarios, a spouse may drag out the divorce to cause financial hardship. This is often done with the aim of exhausting the other party’s resources, forcing them to settle for less than they are entitled to.
  • Strategic delay: There may also be legal or financial motivations. For example, delaying until a bonus or inheritance is received, waiting for property values to change, or even stalling until children reach a certain age to influence living arrangements.

The legal framework

With the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022, the divorce process has become simpler and less adversarial. Now, a spouse does not need to prove fault or wrongdoing to obtain a divorce — instead, a statement of irretrievable breakdown is sufficient.

Key features of no-fault divorce:

  • No need to assign blame
  • Joint or sole applications are possible
  • A minimum 20-week reflection period between application and conditional order
  • Minimum 6 weeks between conditional and final order

Despite this simplification, there are still opportunities for delay, especially when it comes to financial settlements and child arrangements, which are dealt with separately from the divorce proceedings.

Legal and practical steps to combat delay

Here is our list of non-exhaustive steps you can take to reduce/combat delays in the divorce process:

  • Use a sole application if needed: If your spouse is uncooperative, make a sole application. You don’t need their consent to proceed. While joint applications are more amicable, a sole application ensures that you remain in control of the timeline.
  • Proceed with conditional order: You can apply for a conditional order after the 20-week waiting period regardless of your spouse’s cooperation. The court can grant this order even if the respondent does not respond, assuming they have been properly served.
  • Apply for deemed or alternative service: If your spouse does not acknowledge receipt of the divorce application, you can apply for alternative service methods (e.g., via email, social media, or through a solicitor) or deemed service. Courts often approve such applications if there is evidence of deliberate avoidance.
  • Request court intervention on financial matters: If financial negotiations are stalled, you can apply for a Financial Remedy Order. This brings the matter before the court, which will set deadlines and may impose sanctions for non-compliance.

The standard process includes:

  • Form A to initiate proceedings
  • Form E financial disclosure
  • First Directions Appointment (FDA), Financial Dispute Resolution (FDR), and final hearing if needed

Deliberate non-compliance with Form E can lead to costs orders or enforcement actions.

  • Use a costs warning: If your spouse is wasting time or money unreasonably, your solicitor can issue a Calderbank letter or a costs warning indicating that you may seek a costs order against them if the case proceeds unnecessarily to court. This is often a persuasive tool.
  • Engage a mediator or arbitrator: If there is room for negotiation but no cooperation, family mediation or arbitration may help. Arbitration is particularly useful as it results in a binding decision, similar to a court order, but avoids court delays.
  • Apply for Specific Issue Orders (for Children): If child arrangements are being used as a delay tactic, or your spouse is obstructing contact, you can apply for a Child Arrangements Order or Specific Issue Order under the Children Act 1989. Courts prioritise the welfare of the child and may take a dim view of manipulative behaviour.

What are the legal implications for a spouse who deliberately delays?

The courts have several powers to address non-cooperation or unreasonable delay:

  • Costs orders: Although family courts usually expect each party to bear their own costs, if one spouse behaves obstructively or fails to comply with court directions, the judge can order them to pay part or all of the other’s legal costs.
  • Penalties for non-disclosure: Deliberate non-disclosure of finances (or false disclosure) is treated very seriously. The court can:
  • Penalise with adverse inferences
  • Set aside any resulting financial order if later evidence proves deception
  • Impose fines or even imprisonment for contempt of court
  • Binding timetables: Once court proceedings are underway, strict timetables are set. Repeated non-compliance can result in judgments made in absence (i.e., the court proceeds without their input).
  • Impact on final settlement: A spouse’s behaviour during divorce proceedings can influence outcomes. While the courts focus on financial fairness over conduct, blatant attempts to frustrate proceedings may influence discretionary elements of a financial order.

Emotional and practical considerations

Aside from the legal tools, there are psychological and strategic approaches that can help manage the situation.

  • Stay objective: Avoid being drawn into emotionally charged interactions. A calm, consistent approach shows the court and any professionals involved that you are reasonable and focused.
  • Document everything: Maintain records of all communications, delays, and costs incurred because of your spouse’s behaviour. These can be useful if you need to justify a costs application or demonstrate obstruction.
  • Use a skilled solicitor: A solicitor with strong family law experience can guide you through complex scenarios, draft compelling submissions, and keep your case on track.
  • Avoid tit-for-tat delays: Don’t mirror your spouse’s obstructive behaviour. Judges value parties who try to settle and cooperate. This may benefit you in terms of costs and credibility.

Divorce delays, while frustrating, are not insurmountable. Thanks to the no-fault system, an uncooperative spouse cannot stop the divorce itself indefinitely. However, issues around finances and children can still provide room for stalling tactics.

Fortunately, family law provides mechanisms to keep the process moving, hold parties accountable, and protect your interests. From court-imposed deadlines to costs orders and alternative service, there are multiple tools to ensure a fair and timely resolution.

The key is to remain proactive: use the legal options available, document all interactions, and lean on professional support. Ultimately, the law is designed to protect both parties — especially those who act with integrity and diligence in the face of provocation.