The reassuring answer is yes.
Since the introduction of the no-fault divorce system in England and Wales in April 2022, it is no longer possible for one spouse to prevent the other from obtaining a divorce simply because they disagree with the decision.
How does no-fault divorce work?
Under the current law, either one spouse can apply for a divorce on their own, or the couple can make a joint application.
Rather than having to prove that one person was at fault, the applicant simply confirms that the marriage has irretrievably broken down. The court accepts this statement without requiring evidence of unreasonable behaviour, adultery or lengthy periods of separation.
This has helped make the divorce process less confrontational and allows couples to focus on resolving practical matters, such as finances and arrangements for any children.
What if my spouse doesn’t respond to divorce papers?
It is understandable to worry if your spouse ignores the paperwork or refuses to acknowledge the divorce application.
In many cases, this will not prevent the divorce from progressing.
There are procedures available to deal with situations where documents have not been acknowledged or where a spouse is deliberately refusing to engage with the process. The court has powers to ensure that an application can continue where appropriate, provided the necessary legal requirements have been met.
While a lack of cooperation can sometimes result in delays, it does not usually prevent the divorce itself from going ahead.
Can my spouse stop the divorce?
One of the biggest changes introduced by no-fault divorce is that it is no longer possible to defend a divorce simply because one person does not want the marriage to end.
There are only very limited circumstances in which a divorce application may be challenged, such as questions over whether the court has jurisdiction or whether the marriage itself is legally valid. These situations are uncommon.
For the vast majority of couples, one person’s refusal to agree with the divorce will not stop the legal process.
What about agreeing finances with divorce?
Although a spouse cannot usually prevent the divorce itself, disagreements often arise when it comes to finances.
Reaching an agreement about the family home, savings, pensions and other assets can sometimes take longer than obtaining the divorce.
If an agreement cannot be reached through negotiation or mediation, the court can be asked to determine how assets should be divided.
It is also important to remember that finalising the divorce does not automatically resolve financial claims between spouses. To achieve legal certainty, many couples will need a financial order approved by the court.
What happens where children are involved in divorce?
Where children are involved, parents do not need to wait until every childcare arrangement has been agreed before applying for a divorce.
However, it is often beneficial to work together to establish practical arrangements that are in the children’s best interests. Many families are able to reach agreements through discussion or mediation, while others may require legal assistance if disputes arise.
The court’s primary consideration will always be the welfare of the children.
Seeking legal advice
Even where one spouse is unwilling to cooperate, it is usually possible to move forward with the divorce.
Every family’s circumstances are different, and while the legal process has become more straightforward under the no-fault system, issues relating to finances, property and children can still be complex.
Seeking advice from an experienced family solicitor at an early stage can help you understand your options, minimise unnecessary delays and ensure that your interests are protected throughout the process.
If you are considering divorce and are unsure where you stand, obtaining specialist legal advice can provide the clarity and reassurance you need to take the next step with confidence.
Although general information can be helpful, every family situation is unique. Obtaining tailored legal advice at an early stage can help people understand their position, avoid common mistakes, and make informed decisions during an already difficult time.
This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided. Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.
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