Can My Husband or Wife Refuse a Divorce?

If you have decided that your marriage is over, but your husband or wife does not agree, you might be worried that they can refuse to get divorced.

This is something we are often asked, particularly where a separation is difficult, or one person does not want the marriage to end.

The short answer is no – in most cases, your husband or wife cannot stop you from getting a divorce in England and Wales.

Since the introduction of**** no-fault divorce, you no longer need your spouse to agree that the marriage has broken down, and you do not need to prove that either person was responsible for the end of the marriage.

Can my spouse refuse to divorce me?

Under the current divorce law in England and Wales, one person can make a sole application for divorce.

This means that you do not need your husband or wife's consent to start divorce proceedings.

When making the application, you confirm that the marriage has broken down irretrievably. You no longer have to rely on reasons such as adultery, unreasonable behaviour or a period of separation.

Your spouse cannot simply respond by saying that they do not want a divorce and prevent it from going ahead.

What if my husband or wife ignores the divorce papers?

This is where things can sometimes become more complicated.

Once a sole divorce application has been issued, your husband or wife will normally be required to acknowledge that they have received the application.

If they ignore the paperwork or refuse to respond, this does not necessarily mean that the divorce cannot continue.

However, you may need to take additional steps to prove that they have received the divorce application. Depending on the circumstances, this could include arranging for the documents to be personally served on them.

It can make the process slightly longer and potentially more expensive, but refusing to engage with the divorce does not usually allow someone to keep you married indefinitely.

Can my husband or wife contest the divorce?

The grounds on which somebody can dispute a divorce are now extremely limited.

They cannot contest the divorce simply because:

• they do not want the marriage to end;
• they think you should stay together;
• they believe the separation is unfair; or
• they disagree with your decision to apply.

A divorce can only be disputed in limited circumstances, such as where there is an issue over whether the courts of England and Wales have jurisdiction or whether the marriage itself is legally valid.

Simply not wanting a divorce is not enough.

What if they refuse to sign the divorce papers?

Another common misconception is that both spouses need to "sign the divorce papers" before a divorce can go ahead.

They don't.

If you make a sole divorce application, your spouse does not have to agree to the divorce for you to bring the marriage to an end ultimately.

If they refuse to acknowledge the application, there are procedures available to move matters forward.

Can they delay the divorce?

Although your husband or wife generally cannot stop the divorce itself, an uncooperative spouse can sometimes make the process more difficult or cause delays.

For example, they may ignore correspondence, fail to complete documents or refuse to engage with discussions about the finances.

It is important to distinguish between the divorce itself and the financial arrangements following divorce.

Getting divorced does not automatically resolve what happens to your house, savings, pensions, debts or other assets.

This is why we would always recommend taking legal advice about your financial position alongside the divorce, particularly before applying for the Final Order.

What happens if we cannot agree on the finances?

Your spouse refusing to agree to a financial settlement does not mean that you are stuck either.

Ideally, you will be able to reach an agreement between you, either directly, through solicitors or with the assistance of mediation.

However, if an agreement cannot be reached, either party can apply to the Family Court for a financial remedy order.

The court can then determine how the matrimonial finances should be dealt with.

This could include decisions about the family home, savings, pensions, investments and whether any lump sum or maintenance payments should be made.

What if we have children together?

Your spouse cannot prevent a divorce simply because you have children together.

However, arrangements for your children are dealt with separately from the divorce itself.

If you cannot agree where the children should live, how much time they should spend with each parent or other important decisions about their upbringing, you may need to consider mediation or, where necessary, an application to the Family Court.

You do not need to have resolved all of the arrangements for your children before you can apply for a divorce.

How long does a divorce take if my spouse refuses?

Even where both parties cooperate, a divorce cannot be completed immediately.

There is a minimum 20-week period between the divorce application being issued and applying for the Conditional Order. There is then a further minimum period of six weeks and one day between the Conditional Order and applying for the Final Order.

In reality, the process can take longer, particularly if your spouse refuses to cooperate or there are issues with serving the divorce application.

It is also sometimes sensible to delay applying for the Final Order until financial matters have been resolved, depending on your circumstances.

My spouse says they will never give me a divorce – what should I do?

Try not to panic.

Statements such as "I won't give you a divorce" or "I'm not signing anything" can understandably make you feel as though you have no way forward.

However, your husband or wife does not have the power to veto your divorce.

If they refuse to engage with the process, a family law solicitor can advise you on the steps available to progress your application and deal with any difficulties that arise.

Do I need a solicitor if my husband or wife refuses to divorce me?

You can make a divorce application yourself, but legal advice can be particularly helpful where your spouse has already indicated that they intend to be difficult or refuse to cooperate.

A family law solicitor can help you understand:

• how to progress the divorce if your spouse ignores the application;
• what to do if there are difficulties serving the divorce papers;
• when you should apply for the Conditional and Final Orders;
• how the divorce may affect your financial position; and
• what options are available if you cannot agree about finances or your children.

Getting advice early can often help you understand what your spouse can and cannot actually do, rather than feeling pressured by threats that they will prevent the divorce from happening.

Speak to a Family Law Solicitor

If your husband or wife is refusing to cooperate with a divorce, or you are worried that they will try to prevent or delay the process, we can help.

At Harrington Family Law, we provide straightforward and practical advice about divorce, financial settlements and arrangements for children.

We can explain the process, advise you on the options available and help you move matters forward, even where your former partner is unwilling to cooperate.

Contact Harrington Family Law today to arrange an initial consultation with one of our family law solicitors.