Can I get a divorce without consent?

Under the new law, one party can apply for a divorce, and they only need to make a statement that the marriage has broken down irretrievably, which is all the court requires, rather than having to establish one of the previous five grounds of divorce. 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 essentially means that one spouse can choose to formally end the marriage without the other withholding consent or prolonging the divorce process. 

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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. 

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. Conditional 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”. 

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