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Apr 12
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Contested Divorce vs Not Contested Divorce: What’s the Difference?

By | Uncategorized

Divorce can feel overwhelming, particularly when there are disagreements around finances, property, children or the divorce process itself. One of the questions people often ask is whether their divorce will be classed as a contested divorce or not contested divorce, and what this means in practical terms.

In England and Wales, divorce law changed in April 2022 with the introduction of no-fault divorce. This means one person no longer has to prove blame, such as adultery or unreasonable behaviour, to end the marriage. It also means it is now much harder for one spouse to contest the divorce itself simply because they do not want the marriage to end. However, disputes can still arise around financial arrangements, child arrangements or practical issues linked to separation.

This blog explains the difference between a contested divorce and a not contested divorce, what each process may involve, and when legal advice may be helpful.

What is a contested divorce?

A contested divorce is where there is disagreement between spouses during the divorce process. Since the introduction of no-fault divorce in England and Wales, it is now rare for someone to be able to contest the divorce itself. A spouse cannot usually stop a divorce simply because they disagree with it or do not want it to happen.

However, there are still limited circumstances where a divorce application may be disputed. These may include issues around whether the court has jurisdiction, whether the marriage is legally valid, or whether the marriage has already legally ended. In most cases, the dispute is not about whether the divorce can happen, but about the arrangements surrounding it.

When people talk about a contested divorce, they are often referring to disagreements about:

  • How money, savings and debts should be divided
  • What should happen to the family home
  • Pension arrangements
  • Business assets or complex finances
  • Spousal maintenance
  • Child arrangements
  • Whether a proposed settlement is fair

These issues can make a divorce more complex and may mean further negotiation or court involvement is needed.

What is a not contested divorce?

A not contested divorce usually means both parties accept that the marriage has broken down and do not dispute the divorce application. It may also mean that the couple can reach agreement on practical matters, such as finances and child arrangements, without the court needing to decide those issues for them.

A not contested divorce is often more straightforward, as both spouses are willing to cooperate with the process. This does not necessarily mean every detail is agreed immediately, but it does mean both parties are open to reaching a resolution.

Couples going through a not contested divorce may still need legal advice, particularly when agreeing finances. This is because the legal divorce itself does not automatically end financial claims between spouses. To make a financial agreement legally binding, it will usually need to be recorded in a consent order and approved by the court.

How does the divorce process work?

Whether a divorce is contested or not contested, the legal process in England and Wales follows broadly the same stages.

A divorce application is submitted either by one spouse as a sole application, or by both spouses as a joint application. There is then a minimum 20-week reflection period before the applicant can apply for a conditional order. The conditional order confirms that the court sees no reason why the divorce cannot proceed.

After the conditional order is granted, there is a further waiting period of six weeks and one day before the final order can be applied for. The final order legally ends the marriage. GOV.UK confirms that the conditional order and final order are key stages in the divorce process in England and Wales.

Although the minimum timeframe is around six months, many divorces take longer, especially where financial matters or child arrangements need to be resolved.

What happens if finances are contested?

Financial disagreements are one of the most common reasons a divorce becomes contested. Even where both spouses agree to the divorce itself, they may not agree on how assets should be divided.

The court can consider a range of factors when looking at finances, including income, earning capacity, property, pensions, financial needs, the length of the marriage and the welfare of any children. In many cases, spouses can resolve financial matters through solicitor negotiation, mediation, collaborative law or arbitration. If this is not possible, one party may need to apply to the court for a financial remedy order.

A contested financial case can take longer and may involve financial disclosure, hearings and expert evidence, depending on the circumstances. This is why getting early legal advice can be important, particularly where there are pensions, property, businesses, inheritance issues or concerns about hidden assets.

What happens if child arrangements are contested?

Child arrangements can also become contested if parents cannot agree where children should live, how much time they should spend with each parent, or how important decisions should be made.

In most cases, the court expects parents to try to resolve arrangements outside of court where it is safe and appropriate to do so. This may involve mediation or negotiation. If an agreement cannot be reached, an application can be made for a child arrangements order.

The court’s main focus is the welfare of the child. A contested divorce involving children can be emotionally difficult, so it is usually best to seek advice early and keep discussions as child-focused as possible.

Is a not contested divorce quicker?

A not contested divorce is usually more straightforward than a contested divorce because there are fewer disputes to resolve. If both spouses cooperate, respond to documents promptly and agree financial arrangements, the process may be completed closer to the minimum timeframe.

However, even in a not contested divorce, it is often sensible not to apply for the final order until financial arrangements have been resolved or legal advice has been taken. Ending the marriage before finances are properly dealt with may have implications for pensions, inheritance rights or financial claims.

A not contested divorce can help reduce stress, cost and delay, but it is still important to ensure that any agreement is fair and legally secure.

How can Bromfield Legal help?

At Bromfield Legal, we understand that every divorce is different. Some couples are able to separate amicably and agree arrangements with minimal conflict. Others may face complex financial issues, disputes around children or difficulties communicating with their former partner.

Whether you are dealing with a contested divorce or a not contested divorce, our family law team can provide clear, practical advice tailored to your circumstances. We can help you understand your rights, negotiate a fair financial settlement, prepare consent orders, and support you through court proceedings where necessary.

If you are considering divorce or have received a divorce application, speaking to a family law solicitor early can help you make informed decisions and move forward with confidence.

For advice on contested divorce, not contested divorce or any other family law matter, contact Bromfield Legal today to speak to a member of our team.

 

Oct 20
0

What Happens to Pensions in a Divorce in the UK?

By | Divorce and Separation, Uncategorized

When facing a divorce, understanding what happens to your pension can be one of the most important but complex aspects of reaching a fair financial settlement. Pensions are often one of the largest assets in a marriage, second to the family home. This guide explains how pensions are divided in a UK divorce, the different methods available, and why it’s crucial to seek expert legal and financial advice before making decisions.

How Are Pensions Divided in a UK Divorce?

In England and Wales, all pensions whether they are workplace, personal, or private can be considered as part of the matrimonial assets to be divided in a pension divorce settlement. This includes both parties’ pension pots, even if one partner built theirs before the marriage.

The court’s aim is fairness, ensuring that both parties can meet their future financial needs, including retirement. There are three main ways pensions can be dealt with in a divorce settlement, let’s take a look at what these are:

1. Pension Sharing Orders

A pension sharing order is the most common and direct way to divide pensions in a divorce. The court can order that a percentage of one party’s pension be transferred to the other’s pension pot. This gives both individuals independent control over their respective pensions moving forward.

Pension sharing provides a clean break, meaning each person can manage their own retirement savings without future financial ties to their former spouse.

2. Pension Offsetting

Pension offsetting involves balancing the value of one party’s pension against other matrimonial assets. For example, one spouse might keep their pension while the other receives a larger share of the family home or savings.

This option can be more flexible, but it requires a careful calculation of the pension’s true value and how it compares to other assets. It’s essential to obtain an expert pension valuation before making decisions about offsetting.

3. Pension Attachment (Earmarking) Orders

A pension attachment order, also known as an earmarking order, allows the court to direct that some or all of one person’s pension benefits (such as lump sums or income) be paid to their former spouse when they begin receiving them.

This method doesn’t provide a clean break because the receiving spouse’s income depends on when the pension-holder retires or draws their benefits. As such, it’s less commonly used today.

What Factors Do Courts Consider?

When deciding how to divide pensions during a divorce in the UK, the court will consider:

  • The value and type of each pension 
  • The length of the marriage or civil partnership 
  • The financial needs, obligations, and resources of each party 
  • Age and health of both individuals 
  • Standard of living during the marriage 
  • Contributions made to the family (financial or otherwise) 

Why Legal Advice Matters

Pensions can be complex to value and divide fairly. It’s essential to obtain advice from both a family law solicitor and an independent financial adviser with pension expertise. Mistakes or misunderstandings at this stage can have long-term effects on your retirement income.

At Bromfield Legal, our experienced divorce solicitors can guide you through the entire process, from assessing pension values to negotiating a fair financial settlement and securing the right court orders.

Find out more about our divorce and separation services and how we can help protect your future.

FAQ’s

1. Are all pensions included in a divorce settlement?

Yes, all pensions including workplace, personal, and sometimes state pensions, can be included. However, only the additional state pension (not the basic state pension) may be shared.

2. Can I keep my pension if my spouse has their own?

Possibly. The court will consider all circumstances, including the size of each pension and the overall fairness of the proposed split.

3. Do we have to go to court to divide pensions?

Not always. Many couples reach an agreement through mediation or negotiation, formalised in a consent order approved by the court.

4. How is a pension valued for divorce purposes?

The pension provider will issue a Cash Equivalent Transfer Value (CETV), which represents the lump-sum value of the pension benefits. Specialist valuations are often recommended for defined benefit (final salary) schemes.

5. How long does it take to get a pension sharing order?

Once agreed or ordered by the court, the implementation can take up to four months, depending on the pension provider’s processes.

If you’re facing a divorce and need expert help with pension and divorce in the UK, contact Bromfield Legal today. Our specialist family law team can help ensure your settlement is fair and protects your financial future.