Acknowledging that your marriage has ended and you want a divorce can be life-changing. The stress and emotional toll can be intensified if your husband or wife makes clear that they have no intention of agreeing to a divorce. However, with the introduction of the no-fault divorce in 2022, it is now far easier to divorce your spouse without their consent.
Can you divorce your spouse without their consent?
In short, yes, you can divorce your spouse whether or not they consent, provided you have been married for at least 12 months. When applying for a divorce, you do not need to apportion blame. It is enough to confirm that your marriage has irretrievably broken down. Your spouse is, generally speaking, unable to contest your application. They can only do so in very limited circumstances, such as if they question the jurisdiction of the English Courts.
How do you divorce your spouse without their consent?
Whilst couples can initiate a divorce jointly, either partner can also apply of their own accord, on a sole basis. The party applying for divorce becomes the applicant in the divorce proceedings, and the other party becomes the respondent.
When you file for divorce on a sole basis, the Court will send a copy of your application to your spouse. They must then acknowledge receipt of your application. If they seek to delay matters by refusing to do so, you can apply to the Court to request that the matter proceeds without your spouse acknowledging receipt. However, the Court will need to be satisfied that your spouse has received the divorce application or that service of the divorce application can be dispensed with. If the Court is satisfied after considering the evidence, an order will be sent out confirming this. The divorce can then proceed without your spouse’s involvement.
How long does it take to divorce your spouse without their consent?
Whilst there is very little scope for your spouse to hold up your divorce by contesting your application, the process can nevertheless take many months. Once you have issued your divorce application, there is a 20-week ‘cooling off period’, during which time you and your spouse can reflect on whether reconciliation might be possible or otherwise try to reach an agreement over issues such as how your assets should be divided and where your children will live.
When the cooling-off period has ended, you can apply to the Court for a ‘Conditional Order’, which confirms that you are entitled to a divorce. Six weeks and one day later, you can apply for a Final Order. This is the document which will legally end your marriage. Taking these time limits into account, a straightforward divorce may take at least eight months to complete. However in many cases the Final Order in the divorce proceedings is not applied for until after division of the matrimonial assets has been agreed which will, of course, mean the process can take much longer.
