Divorce proceedings can be emotionally difficult. When legal issues cause delays or uncertainty, the stress can increase significantly. Our family law team supported a client whose divorce had stalled after the other party attempted to prevent the court from granting a Final Order.
By providing clear legal advice and strong court representation, we helped our client secure the Final Order and bring the divorce proceedings to a conclusion.
Overview: Overcoming delays in divorce proceedings
We represented a husband who was responding to divorce proceedings brought by his wife. Although the divorce process had progressed to the stage where the Final Order could be granted, the wife had not taken the necessary step to apply for it.
After the required waiting period had passed, our client applied for the Final Order himself so that the divorce could be legally finalised.
At that stage, the wife applied to the court to stay the Final Order. She said that the divorce should not be finalised because financial matters between the parties had not yet been resolved. However, she had previously made no attempt to pursue financial proceedings or address those issues.
Our approach: challenging the application to stay the Final Order
Our family law team prepared the case carefully and instructed specialist counsel to represent our client at the court hearing.
We contended that established legal precedent creates a clear presumption that Final Orders should be granted once the required process has been followed. Delaying the Final Order is only justified in exceptional situations where there are genuine “special circumstances”.
We demonstrated to the court that no such circumstances existed in this case. The opposing party had not taken earlier steps to address financial matters and had not shown that delaying the divorce was necessary or justified.
The outcome: the court grants the final order despite objections
The judge agreed with our submissions and concluded that the application to stay the Final Order had no merit.
The court granted the Final Order, allowing our client to finalise the divorce and move forward with certainty.
How our family law team can help
Divorce proceedings can become more complex when one party attempts to delay the process or when disputes arise about finances or other unresolved matters.
Our experienced family law solicitors support clients at every stage of the divorce process, including:
• advising on the legal steps required to finalise a divorce
• representing clients at court hearings
• addressing disputes that may arise during proceedings
• providing clear, practical advice during what can be an emotionally challenging time.
When court representation is needed, we prepare thoroughly and work with specialist counsel where appropriate to ensure your case is presented clearly and effectively.
It should be noted that finalising a divorce may bring the legal marriage to an end, but it does not automatically resolve the financial ties between former spouses. Matters such as property, pensions, savings, and ongoing financial support must be addressed separately, either by agreement or through a formal court order. Without a legally binding financial settlement, claims can remain open long after the divorce itself is concluded, potentially leading to uncertainty and future disputes. For that reason, it is crucial to ensure that financial arrangements are properly considered and formalised as part of the overall process, providing both parties with clarity and long-term security.
