What happens when one spouse doesn’t want a divorce?

What happens when one spouse doesn’t want a divorce? 

The end of a marriage is emotionally draining, but it becomes worse when one partner disagrees with the decision. However, recent legal reforms have made it possible to proceed with a divorce independently, even if your spouse is uncooperative.

If you need assistance or personalised advice, contact the experienced family law team at GloverPriest for support.

No-Fault Divorce

The most significant element in the recent divorce law reform is removing the need for blame in a divorce and that you are able to get a divorce even if your spouse does not want to. In a no-fault divorce, you can apply for divorce solely based on your marriage breaking down without having to apportion blame on either party and thereby dragging the process out longer than necessary. 

The law intends to minimise potential hostility between a couple during the process by removing the requirement for fault. However, there is a 26-week wait time between the divorce application and the final order. This ‘reflection period’ allows couples to reflect on their relationship before committing to a divorce. 

Can You Contest a No-Fault Divorce?

You cannot contest a divorce or dissolution of a civil partnership if you are applying after April 2022. The new divorce law only allows you to challenge a divorce on the grounds that the marriage was not legally valid. This change prevents a vindictive partner from contesting the divorce to trap their spouse in an unhappy marriage, a common issue in the old system where abusive partners could drag out the process.

Can You Turn Back on a No-Fault Divorce?

The new Act introduces a minimum 20-week period between the start of divorce proceedings and applying for the conditional order. This period is designed to allow couples to reflect, change their minds, or make necessary arrangements regarding children, property, and finances if reconciliation is impossible. Throughout the process, there is time after each stage to reconsider, but once the final order is granted, the marriage is officially ended.

How Long Can a Spouse Drag Out a Divorce in the UK?

In the UK, a divorce can be delayed if one spouse is uncooperative. While the no-fault system aims to minimise such delays, the 26-week reflection period can extend if procedural aspects are contested or responses are delayed. Ensuring all legal requirements are met can help avoid unnecessary delays.

How to File for Divorce in the UK

Here is how to apply for a divorce alone:

1. Check your eligibility: You can get divorced if you were in a legally recognised union in the UK for more than one year and the relationship is irreparable.
2. Make arrangements: Plan for children and property, including who will live in your family home.
3. Apply for the divorce: Provide your and your spouse's full names, current addresses, and the original marriage certificate. It will cost ₤593, but you can get help with the fees if your income is low or you are receiving benefits.
4. Apply for a conditional order: Once your divorce application is issued, wait 20 weeks before you can apply for a conditional order. You will still be married even after a conditional order is granted.
5. Finalise the divorce: Wait 43 days from the date of the conditional order before you apply for the final order to end the marriage.

If you need assistance with any step of the divorce application, our expert legal team at GloverPriest is here to help. Contact us for expert advice or start your divorce application online.

What Happens if My Ex Won’t Sign Divorce Papers UK?

If your ex refuses to sign the divorce papers, the process can still proceed. The no-fault system allows for divorce based on the irretrievable breakdown of the marriage, and the court may grant the divorce even without your ex's agreement.

Can My Husband Divorce Me Without My Consent UK?

Yes, under the no-fault divorce system, your husband can apply for a divorce without your consent. The focus is on the irretrievable breakdown of the marriage, allowing either spouse to initiate the process independently.

Can You Get a Divorce Without the Other Person Signing UK?

Yes, in the UK, a divorce can be granted without the other person's signature. The no-fault divorce system permits one spouse to apply independently, ensuring the process can move forward even if the other spouse is uncooperative.

How Long Does a Divorce Take in the UK?

The duration of a divorce in the UK varies but generally takes at least 26 weeks due to the mandatory reflection period and additional procedural steps.

I Want to Separate from My Husband but He Won’t Move Out UK

If your husband refuses to move out, legal advice from a specialist family law solicitor can help you understand your options. The court can issue orders to ensure your safety and well-being, such as occupation orders requiring one party to leave the home.

How can GloverPriest help?

If you need help applying for a divorce, our team of specialised family law and divorce solicitors are here to give you the support and advice you need. 

Start your divorce online or call one of our experts on 0121 794 5814 for further advice or use our contact form to request a callback.