If your marriage has broken down but your spouse does not agree to a divorce, you may be wondering whether they can prevent you from ending the marriage.
The short answer is that, under the current no-fault divorce rules in England and Wales, you can generally get divorced without your spouse’s consent. Since no-fault divorce was introduced in April 2022, you no longer need to prove that your spouse was at fault or rely on a period of separation to obtain a divorce.
If your spouse does not want the divorce, refuses to cooperate or simply ignores the divorce application, you can make a sole divorce application for divorce and process the divorce yourself. However, there are important practical and financial considerations to understand, particularly if you have children, own property together or have other financial assets.
In my blog, I will explain what happens when one spouse does not agree to a divorce, whether your spouse can delay or challenge the process, how long a divorce may take and why it is important to consider your financial arrangements alongside the divorce itself.
Can I get divorced if my spouse does not agree?
Yes, you can apply for divorce without your spouse’s consent.
Under the no-fault divorce law, you can apply unilaterally for a divorce by making a sole application.
Unlike the old divorce law, you no longer need to provide evidence of specific reasons or “facts” for the breakdown of the marriage, which included adultery, unreasonable behaviour or a period of separation.
Under the no-fault divorce law, all you must do is make a statement that the marriage has irretrievably broken down. The court must take this statement as conclusive evidence; it does not look into whether the irretrievable breakdown has been proved. Therefore, your spouse cannot simply refuse the divorce because they do not agree with it happening.
The no-fault divorce process is based on the statement of irretrievable breakdown, rather than requiring one spouse to establish a particular “fact”.
Do I need my spouse's permission to apply for divorce?
No. You can make a sole application for divorce unilaterally, without your spouse agreeing.
However, their involvement may still be necessary at certain procedural stages, particularly where there are issues with service or the application itself is being challenged.
How does the no-fault divorce process work?
Under the no-fault divorce law, there are two ways in which you can apply for a divorce:-
1. Sole application – where one spouse starts and progresses the divorce. They will be the applicant, and the other spouse will be the respondent.
2. Joint application – where both spouses apply together and both confirm they want to proceed. The parties will be joint applicants.
GOV.UK confirms that a sole application is appropriate where one spouse does not agree to the divorce or is unlikely to cooperate.
3. Confirm the marriage has irretrievably broken down
This statement is made when making your application. The court will take this statement as conclusive evidence. No proof of adultery, unreasonable behaviour or separation is needed.
4. Your spouse is notified and can respond
The divorce application is served on your spouse. They then have 14 days to respond to the Acknowledgment of Service.
5. Wait 20 weeks
There is a minimum 20-week ‘reflection’ period from the issue of the divorce application before the Conditional Order can be applied for. This is intended to provide time for you to consider and resolve matters relating to your finances and children.
6. Apply for the Conditional Order
The Conditional Order does not finalise your divorce. Instead, it is an order from the court stating that your marriage has broken down irretrievably. Under the old divorce law, this was known as ‘Decree Nisi’.
7. Apply for the Final Order
The final order legally ends your marriage. This can be applied for six weeks and one day after the Conditional Order has been pronounced.
Can my spouse refuse to give me a divorce?
Under the no-fault divorce process, disagreement alone does not normally prevent the divorce from proceeding.
Your spouse may be able to delay or complicate the process in certain circumstances, however, simply saying “I don’t want a divorce” does not usually give them the power to stop the marriage ending.
There are some limited circumstances in which a divorce application may be challenged, such as questions about:
- whether the marriage legally exists;
- whether the court has jurisdiction;
- procedural issues; or
- other limited legal grounds.
What happens if my spouse refuses to sign the divorce papers?
Refusing to cooperate does not necessarily mean the divorce cannot proceed.
If your spouse does not want to apply for a divorce, you can make a sole application.
Once your application has been actioned by the court, it will be served on the other spouse who will then be given an opportunity to respond. If they do not respond, the court has procedures for dealing with this. In some circumstances, you may need to take additional steps if service or acknowledgement of the divorce application becomes an issue.
GOV.UK confirms that where a spouse does not respond, the court will contact the applicant about what they can do next.
What if my spouse ignores the divorce application or refuses to cooperate?
While your spouse can refuse to cooperate with the divorce, this is different from actively disputing the divorce.
What if my spouse is actively disputing the divorce?
If your spouse wants to actively dispute the divorce, they can only do so on very limited grounds. Your spouse cannot prevent the divorce by disputing that the marriage has irretrievably broken down or withholding consent.
What if my spouse is refusing to cooperate?
If your spouse is refusing to cooperate or ignores the divorce application, this does not prevent the divorce from proceeding. They cannot prevent the divorce even if they refuse to cooperate with the process.
There are steps you can take if your spouse evades service of the divorce application or does not return the Acknowledgement of Service
Can my spouse stop me getting a divorce by refusing to sign?
Under the no-fault divorce process, this is generally incorrect.
If you make a sole application for divorce, your spouse will be served with the application and asked to complete the Acknowledgement of Service. If they fail to return or ‘sign’ this, the proceedings can still progress, but a few extra steps might need to be taken.
For the court to proceed with the divorce without a completed Acknowledgement of Service, it must be satisfied your spouse has received the application. You could apply to the court for deemed service or alternative service.
How long does a divorce take if my spouse does not agree?
A disagreement does not automatically mean the divorce will take years.
The standard process has a minimum time frame, where you have designated periods of time to wait before you can apply for the next stage. GOV.UK currently states that it normally takes at least seven months to finalise a divorce.
Additional delay in the process could be caused by:-
- problems serving the application;
- failure to respond;
- applications to the court;
- financial proceedings;
- disputes about children;
- complications concerning property;
- international issues.
Although a financial settlement is separate from your divorce, it is often the case that people wait to finalise this before applying for the Final Divorce Order. Therefore, if there is a delay in reaching a financial settlement, there may be a delay in finalising the divorce.
What if my spouse is deliberately delaying the divorce?
Your spouse may delay the divorce by:
- not responding to correspondence;
- failing to return the acknowledgement of service;
- refusing to cooperate with procedural steps;
- being difficult to locate;
- raising issues that do not genuinely dispute the validity of the marriage or jurisdiction.
Court procedures are available in these circumstances. However, legal advice can be particularly valuable when the situation becomes complicated.
Can I get divorced if I cannot find my spouse?
If you do not know the whereabouts of your spouse, you can usually still get divorced. However, certain legal steps must be taken to be able to proceed.
It may be that you attempt to locate your spouse and consider alternative methods of service and applications in relation to these. If you cannot locate your spouse, getting legal advice is extremely important.
The current HMCTS guidance specifically deals with alternative, deemed and dispensed service where ordinary service is problematic.
What happens to our finances if I divorce without my spouse's agreement?
Getting a divorce does not resolve financial matters between you and your spouse. Divorce and financial arrangements are separate matters, and both should be dealt with accordingly. However, if your spouse does not agree to the divorce in the first place, it may make reaching an agreement about your finances difficult.
It is important you consider what will happen to your assets when you are going through a divorce. You will need to address what happens to any property, pensions, savings and investments that you or your spouse have. You will also need to consider any debts you and your spouse may have.
If you and your spouse reach an agreement for a financial settlement, this should ideally be formalised through a Financial Remedy Consent Order.
If you are unable to reach an agreement, financial remedy proceedings may be necessary.
Further information about financial settlements can be found here.
What happens to arrangements for our children if my spouse does not agree to the divorce?
The divorce itself does not determine:-
- where children live;
- how much time they spend with each parent;
- child maintenance; or
- wider arrangements for their upbringing.
If you are unable to come to an agreement in relation to the arrangements for your children, you may need to consider mediation and, in some situations, an application to the Family Court.
Further information about arrangements for your children can be found here.
Should I deal with finances before getting divorced?
It is important that you do not simply rush to obtain the Final Divorce Order without considering your financial position. However, as previously discussed, the Final Divorce Order does not itself resolve financial claims.
You will need to consider:-
- matrimonial assets;
- the family home;
- pensions;
- inheritance;
- debts;
- maintenance;
- future claims.
You may wish to get legal advice about whether a financial order should be obtained before the final divorce order.
How can Timms Solicitors help if your spouse refuses to agree to the divorce?
Timms Solicitors' Family Law team can help you understand your options if your spouse does not agree to the divorce or is refusing to cooperate with the process.
The team can assist with:
- making a sole divorce application;
- dealing with difficulties responding to or serving the application;
- advising on financial arrangements;
- negotiating financial settlements;
- preparing consent orders;
- advising on arrangements for children;
- representing you where court proceedings become necessary.
If you are considering divorce and your spouse does not agree, our family law team can explain the process, your options and the steps you may need to take to protect your financial and family interests. Please contact us on freephone 0800 011 6666 or at legal@timms-law.com.
Frequently Asked Questions
Can I get divorced if my husband or wife refuses?
Yes. Under the no-fault divorce process, you can make a sole application without your spouse agreeing to the divorce.
Does my spouse have to sign the divorce papers?
Not necessarily. A spouse’s failure or refusal to cooperate does not automatically prevent a sole divorce application from proceeding, although additional procedural steps may sometimes be required.
Can my spouse stop the divorce?
Simply refusing to agree to the divorce will not normally stop it. However, there are limited circumstances in which a divorce application can be disputed, so legal advice may be appropriate if your spouse is actively challenging the proceedings.
How long does a divorce take if my spouse does not agree?
The standard process has a minimum timeframe, and GOV.UK currently states that a divorce normally takes at least seven months. Delays can occur where there are problems with service or other complications.
Do I need to prove that my spouse did something wrong?
No. Under no-fault divorce, you do not need to prove adultery, unreasonable behaviour or a period of separation. You must instead confirm that the marriage has irretrievably broken down.
Can I get divorced without agreeing how to divide our money?
Yes. The divorce and financial arrangements are separate matters. However, you should consider obtaining legal advice about your financial claims and whether a financial order is needed.
Can I get divorced if my spouse will not respond to the application?
Yes, potentially. There are procedures for dealing with a spouse who does not respond, although the appropriate steps depend on the circumstances and whether the application has been successfully served.
Can my spouse refuse to divorce me because they want to stay married?
Generally, no. Under the no-fault divorce process, one spouse does not normally have a veto over whether the other can obtain a divorce.
