Your spouse cannot block the divorce. They can contest the finances and the children, and that is where contested divorces are won or lost.
Since April 2022, no-fault divorce means the marriage ends whether your spouse agrees or not. What they can still fight is how the money is divided and where the children live. These are the disputes that cost £15,000–£50,000+ per person to resolve at court, and they are the disputes where early legal advice makes the most difference to the outcome.
Most people who search for “contested divorce” are not trying to understand the legal definition. They are in a dispute: their spouse is refusing to negotiate fairly on the house, the pension, or the children, and they want to know what happens next and what they should do. This page answers those questions directly.
What can and cannot be contested in 2026
Under the Divorce, Dissolution and Separation Act 2020, your spouse cannot contest the divorce itself. They cannot stop the marriage ending. They can only dispute jurisdiction, arguing that the courts of England and Wales do not have authority over the case. Beyond that narrow point, if one party wants the marriage to end, it ends. What they can still fight, and what most disputes are about, is the financial settlement and child arrangements. These are resolved through separate proceedings and governed by separate law.
What a Contested Financial Settlement Actually Involves
When you and your spouse cannot agree how to divide the matrimonial assets (the family home, pensions, savings, investments, business interests), either party can apply to the court for a Financial Remedy Order. This is the formal court process for resolving contested divorce finances. It is governed by the Matrimonial Causes Act 1973, section 25 and runs through three main hearings.
The NCDR Rule Change — Why Refusing Mediation Now Has Consequences
Since April 2024, the Non-Court Dispute Resolution (NCDR) rules have changed the costs dynamics of contested divorce proceedings. Courts can now order the party who refused to engage with mediation or other non-court dispute resolution to pay the other party’s legal costs for the proceedings that followed. This is a significant shift. Previously, refusing mediation and proceeding straight to litigation was a cost-free choice. It no longer is.
Before any financial remedy or child arrangements application, the applicant must attend a Mediation Information and Assessment Meeting (MIAM), unless a specific exemption applies, such as domestic abuse, urgency, or a previous MIAM within 12 months. The MIAM is not mediation itself. It is an information session that assesses whether mediation is suitable. If mediation is unsuitable, the mediator certifies this and the court application can proceed.
For clients who are ready to engage constructively, the NCDR rules create an opportunity. Where the other party is refusing to mediate without good reason, that refusal can now be brought to the court’s attention, and the court can use it against them on costs. This is a lever that did not exist before April 2024.
Is your spouse contesting the finances or the children?
Early legal advice makes the most difference to the outcome of these disputes. Speak to us before positions harden.
What the Court Actually Decides — The Section 25 Factors
When a contested financial remedy case reaches a judge, the decision is not arbitrary. The court applies the statutory checklist in section 25 of the Matrimonial Causes Act 1973. The starting point, established in White v White [2000] UKHL 54, is the yardstick of equality. Neither party should receive less than an equal share of matrimonial assets without good reason. The court then considers what good reason exists to depart from equality, applying the section 25 factors:
- Income and earning capacity of each party
- Financial needs and obligations
- Standard of living during the marriage
- Age and length of the marriage
- Physical or mental disability of either party
- Contributions to the family: financial and non-financial
- Conduct, where inequitable to disregard
- Benefits lost, particularly pension entitlement
The first consideration is always the welfare of any minor children of the family. Housing the children takes priority over everything else. Where the matrimonial assets are insufficient to house both parties adequately after meeting the children’s needs, the court may make a Mesher order, deferring the sale of the family home until the youngest child reaches 18 or a trigger event occurs.
The conduct exception. Conduct almost never affects the financial outcome. The courts since White v White have moved firmly away from conduct-based adjustments. Adultery, in particular, is irrelevant to the financial settlement. The exception, reserved for exceptional cases, is conduct so serious that it would be inequitable to disregard: deliberate destruction of assets, serious violence, or fraudulent concealment of finances.
Hidden assets. Full financial disclosure is a legal obligation. Both parties must file Form E, a full financial statement covering all assets, income, liabilities, and pensions. Deliberate concealment of assets is contempt of court. Where concealment is suspected, there are legal mechanisms to address it: formal questionnaires, third-party disclosure orders, and forensic accountancy. The June 2026 Law Commission consultation on divorce finance law is specifically examining stronger remedies for non-disclosure, a signal that this area is likely to become more heavily policed in future legislation.
Contested Child Arrangements
Where parents cannot agree on where the children live and how they spend time with each parent, either party can apply to the Family Court for a Child Arrangement Order under section 8 of the Children Act 1989. The overriding principle is the welfare of the child, not the rights or preferences of the parents.
Contested children proceedings run through their own procedural route: a First Hearing Dispute Resolution Appointment (FHDRA), a CAFCASS welfare report (where the court directs one), further dispute resolution, and if necessary a final hearing. The cost of contested children proceedings going to final hearing is typically £10,000-£30,000+ per person.
The court applies the section 1 welfare checklist from the Children Act 1989, considering the child’s wishes (in light of their age and understanding), their physical and emotional needs, the likely effect of any change, any harm suffered or at risk, and the capability of each parent to meet the child’s needs.
Domestic abuse and child arrangements
Where domestic abuse is alleged, the court follows Practice Direction 12J, a specific framework that requires careful assessment of the allegations before any arrangements are made. A separate fact-finding hearing may be directed. Alleged perpetrators and victims both need specialist legal representation in these cases. Do not assume the court will make arrangements around the abuse: the PD12J process is designed specifically to prevent that.
The June 2026 Law Commission Consultation — What It Means for Current Cases
In June 2026 the Law Commission published a consultation on reform of divorce finance law. The consultation addresses areas that generate the most litigation: how assets built up before marriage are treated, whether inherited wealth should be ring-fenced, how pension division works in practice, and stronger remedies for non-disclosure of assets.
If you are currently in financial remedy proceedings, the honest advice is not to wait. Consultations of this kind take 18-24 months to produce legislation, and proposed reforms do not always pass in the form originally consulted on. The current law (the section 25 MCA 1973 framework) is what applies to your case now. Delaying settlement in the hope that a future law will produce a better outcome is a costly gamble.
The Realistic Costs of a Contested Divorce
| Route | Typical cost per person |
|---|---|
| Mediated settlement with consent order | £1,500 — £3,000 |
| Solicitor-negotiated settlement (no court) | £3,000 — £10,000 |
| Financial remedy proceedings: settling at FDR | £8,000 — £20,000 |
| Financial remedy proceedings: final hearing | £15,000 — £50,000+ |
The money spent on contested proceedings comes out of the matrimonial pot being divided. A couple with £200,000 in equity who spend £40,000 each on litigation have spent 40% of their joint assets on lawyers. The economics of settlement almost always make sense. The question is whether the law produces a settlement that is acceptable, and that requires knowing what a court would decide, which in turn requires proper legal advice.
Case Study
Name and details changed for confidentiality.
Contested financial remedy: business valuation dispute
The situation: A 19-year marriage. The husband owned a construction business he had built during the marriage. His Form E valued it at £180,000. The wife disputed this figure. She believed the business was substantially more valuable, citing the lifestyle maintained during the marriage and a recent contract win. Two children, ages 11 and 14. The husband proposed she take the family home (equity £320,000) and he retain the business with no further claims. She was advised to reject this.
Our approach: We applied for a joint instruction of a forensic accountant to value the business independently. The accountant’s report valued the business at £410,000. Combined with the family home equity, the matrimonial pot was £730,000. The husband’s proposal had given the wife 44% of the true pot.
Outcome: Settlement at FDR. The wife received the family home plus a pension sharing order and a lump sum. Total received: approximately 52% of the matrimonial pot, reflecting the primary carer contribution and the housing needs of the children. No final hearing. Total legal costs for the wife: £14,000.
Frequently Asked Questions
Can my spouse stop the divorce from happening?
Not under the current law. Since April 2022, one party’s statement that the marriage has irretrievably broken down is sufficient. Your spouse cannot dispute it. They can only argue that the courts of England and Wales do not have jurisdiction over the case. If you live in England or Wales and have been habitually resident here, jurisdiction is unlikely to be a real issue. The marriage will end if you want it to.
My spouse is refusing to disclose their finances. What can I do?
Once financial remedy proceedings are issued, disclosure is compulsory. Both parties must file Form E. If your spouse files an incomplete or misleading Form E, you can serve a questionnaire requiring further disclosure. If they still fail to comply, the court can make orders compelling disclosure and can draw adverse inferences against a party who refuses, treating them as if they have more assets than they have declared. The June 2026 Law Commission consultation is specifically examining stronger penalties for non-disclosure, which signals the direction of future law. For now, the existing mechanisms are effective when used properly.
Does it matter that my spouse had an affair?
Almost never, for the financial settlement. English family law courts do not adjust the financial outcome based on why the marriage ended. Adultery is irrelevant to the section 25 exercise unless (in extreme and unusual cases) it falls within the conduct exception: conduct so serious that it would be inequitable to disregard it. Ordinary relationship breakdown, however painful, does not meet that threshold. The financial outcome is determined by needs, contributions, and fairness, not blame.
My spouse is threatening to take the children abroad. What should I do immediately?
Act today. Removing a child from England and Wales without the consent of everyone with parental responsibility (or a court order) is a criminal offence under the Child Abduction Act 1984. The court can make a Prohibited Steps Order preventing removal, on an urgent without-notice basis. Port alerts can be placed with the police and Border Force. If the threat is real, call us now. This is one of the situations where hours matter. Call 07534 193797.
What is a clean break order and do I need one?
Yes, in almost all cases. A clean break consent order, approved by the court, severs the financial relationship between the parties permanently. Without it, either party can make further financial claims against the other, sometimes years after the divorce is finalised. People who divorce without obtaining a consent order sometimes find their former spouse making claims against assets they have accumulated since the marriage ended. The consent order prevents this. It costs relatively little compared to the protection it provides.
How long will contested divorce proceedings take?
The divorce itself takes a minimum of 26 weeks from application to final order. Financial remedy proceedings run in parallel: the First Appointment is typically listed 12-14 weeks after Form A is filed, the FDR several months later, and a final hearing (if needed) several months after that. From start to FDR, most cases take 9-15 months. Cases that go to final hearing take 18-24 months or longer. This is why settling at FDR (or even before proceedings are issued) is so important both financially and emotionally.
Facing a contested divorce?
Shella Makwana handles contested financial remedy and child arrangement cases personally. Fixed-fee consultation. Legal Aid where eligible.
Further Reading
- Divorce Solicitors: Main Guide
- What Is a Non-Working Spouse Entitled to in a Divorce?
- Can My Wife Take My Inheritance in a Divorce?
- My Husband Is Hiding Money in Divorce: What Can I Do?
- How Do I Get a Divorce? The No-Fault Process Explained
- Does a Non-Molestation Order Show on a DBS Check?
- Grandparents’ Rights to See Grandchildren
- Legal Aid Eligibility Calculator
External Resources
- Section 25 Matrimonial Causes Act 1973
- Section 1 Children Act 1989: the welfare principle
- Financial Remedy Proceedings (GOV.UK)
- Apply for a Divorce (GOV.UK)
Written and approved by Shella Makwana, Principal Solicitor | 25+ years’ experience | SRA Regulated (No: 651072) | Makwana Solicitors Limited, Devonshire House, 582 Honeypot Lane, Stanmore, HA7 1JS | Page last updated June 2026
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