Can I get divorced without my spouse's consent?

Can i get divorced without my spouse’s consent?

Yes. Following the introduction of no-fault divorce in April 2022, you can apply for divorce without your spouse’s consent. The court only requires a statement that the marriage has irretrievably broken down from one party. 

The spouse receiving the application is no longer able to defend the divorce proceedings, unless on the limited grounds of fraud, lack of jurisdiction, or procedural irregularities.

This means that parties can choose to end their marriage without their spouse withholding consent or prolonging the divorce process. 

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How to Get a Divorce Without Consent in the UK

The process of divorcing without the consent of your spouse is as follows: 

1. The Divorce Application: 

You must make a sole application for divorce. To make a joint application, as the name suggests, both parties must agree.

2. Responding to the Divorce Application: 

Your spouse will the have to complete an “acknowledgement of service” within 14 days, confirming that either (i) they agree with the divorce or (ii), they intend to dispute the divorce.  

If your spouse disputes the divorce, they will need to complete an “answer form” within 14 days, confirming their reasoning. The reasoning must be a genuine legal one, otherwise it is not possible to dispute the divorce – for example, that the court does not have jurisdiction to entertain the proceedings, or that the marriage is not valid. They cannot object simply because they are refusing the divorce or wish to delay the process. Also note that if your spouse notifies the court that they wish to dispute the divorce but does not complete the “answer form”, you will be able to proceed with your divorce application.  

3. Getting a Conditional Order and Final Order: 

You must then wait 20 weeks after your divorce application has been issued before applying for the conditional order. The conditional order is a document confirming that the court does not see any reason why you cannot divorce. If the judge approves your application, you will be sent a certificate, which will tell you the time and date on which you will be granted a conditional order. This 20-week cooling off period is intended to give parties time to enter financial discussions and reach a settlement.  

Following a conditional order, you must wait 43 days before you can apply for a final order. The final order legally ends your marriage and is the point at which you will go from being “married” to being “divorced”. 

Frequently asked questions:

What if my spouse refuses to respond to the divorce application?

If your spouse has not responded to your divorce application within the required 14 days, but you have evidence that they have recieved it, you can apply to the court for ‘deemed service’. Depending on this evidence, the court will decide whether your application can proceed.

Where it is not possible to locate or contact your spouse to serve them with the divorce application, you can apply to the court for ‘dispensed service’. You will need to prove that you have made all reasonable efforts to serve the divorce application, but once accepted by the court, you will not have to show evidence that your spouse has recieved the application and your divorce can proceed.

How long does a sole divorce application take?

The divorce process in England and Wales has a mandatory 20-week ‘cooling-off’ period and typically take 6-7 months, regardless of whether a sole or joint application for divorce has been made.

A divorce may take longer if there have been difficulties in resolving issues concerning the financial settlement or child arrangements. 

Can my spouse delay the divorce process?

Fortunately, no-fault divorce has removed some of the ways in which a spouse can drag out divorce. However, if a spouse wishes to cause delays, there are various tactics they can employ. In these circumstances, it is crucial to have a lawyer who understands these tactics and can counter them. To learn more, read our guide on how spouses can cause delay in divorce.

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