What happens if my spouse does not agree that the marriage has broken down?

Short answer

If your spouse disputes that the marriage has broken down, your divorce becomes contested, and the Family Justice Courts will require you to prove your chosen fact, such as adultery or unreasonable behaviour, with sufficient evidence, before the District Judge grants an Interim Judgment. Your spouse and you will have to file affidavits and give your oral testimony before the Judge in a trial. The trial can last 2-3 days and may even stretch more than 7 days, depending on the amount of evidence relied on. Legal costs can add up to an exhorbitant sum as a result of the laborious trial process.