A defended divorce arises once the family Court has issued the divorce petition and the spouse either refuses to agree that the marriage has ‘irretrievably’ broken down, or alternatively, is not agreement with the contents of the divorce petition.

Whilst defended divorce proceedings are relatively uncommon, they may be necessary in instances where your spouse has made serious and incorrect accusations against you which could affect you adversely in children proceedings, or proceedings for the division of your matrimonial assets; or if you believe that the divorce has been issued in an incorrect jurisdiction. Our solicitors will be able to comprehensively advise you on the merits of defending your divorce and the implications of the same.

If you are the recipient of a divorce petition the basis of which is five years separation, it may be possible for you to defend the petition if you believe that if the divorce were to be granted, it could result in ‘grave financial hardship’ to you or your family.

If you have received a divorce petition and wish to defend the divorce, you should seek advice from a solicitor promptly, as you will be required to notify the Court of your intention to defend within the Acknowledgement of Service in a stipulated period of 7 days. If this time period has elapsed, it will still be possible for you to defend the proceedings, however it is not advisable to ignore the deadline.

There are two possible methods by which you may defend proceedings for divorce, which include filing an ‘answer’ to the petition that has been issued by your spouse, or alternatively by filing a cross-petition. Our experienced team of solicitors will be able to advise you on the most appropriate course of action depending on your personal circumstances.