Can You Divorce Without Your Spouse’s Consent in the UK?

In England and Wales, you can apply for divorce without getting the consent of your husband or wife by filing a sole application. You can make a sole divorce application if you believe that your marriage has broken down irretrievably and your partner does not agree or if you think they are unlikely to cooperate with the divorce process.

‘Irretrievable breakdown’ is now the only ground for divorce under the no-fault divorce process, which was introduced in April 2022. This means that your husband or wife cannot refuse or contest the divorce application simply because they do not want to divorce. It also means that you both do not have to agree to get a divorce, and you do not need the consent of your wife or husband to proceed with the divorce application. However, you will both need to come to an agreement on your financial divorce settlement or hand this to the court to decide as a separate matter.

You cannot refuse a divorce in England or Wales, but you can dispute the divorce for a genuine legal reason (e.g. if the marriage was not valid in the first place). Disputing a divorce petition does not mean that the divorce will not go ahead, but the courts will review the response and determine what should happen next. It may be that if you and your partner were not in a marriage that is recognised in England or Wales, the divorce application may be rejected. Remember, you cannot simply dispute your divorce because you do not want a divorce or to delay the process.

Getting a divorce without your spouse’s consent in the UK

To apply for divorce in England or Wales as a sole applicant, you will need to gather certain information and documents, including your name, address, and original marriage certificate or a certified copy. Once you have this information, you will need to file for divorce online and pay an application fee of £593.

Once your sole divorce application has been received and checked, the court will notify you that your application has been issued (sent out) along with a copy of your application stamped by HMCTS and a case number. They will also send your husband or wife a copy of the divorce application and an ‘acknowledgement of service’ notification. Your husband or wife is then required to respond to the notification within 14 days stating whether they agree with the divorce or if they wish to dispute the divorce for a valid legal reason (as explained above). If they agree, the divorce can proceed as normal. If they disagree, they will need to explain why. Unless a valid reason has been provided, you will then need to wait 20 weeks before you can apply for a Conditional Order confirming that there is no reason you cannot divorce.

If your husband or wife does not respond within 14 days, you can proceed with the divorce application.

If they do not submit an answer form by the deadline, you may need to contact them to ask them to do so, as long as this is possible and safe. If they continue not to respond, the court will explain what to do next.  

Ultimately, you can get a divorce without your spouse knowing in the UK by following the sole divorce application process outlined above. If you are unsure of the process or if you have received threats of violence because you have applied for an occupation order, please speak to a family law solicitor for support and guidance on your matter.

If your husband or wife does not agree to a divorce in the UK, the overall process can take between 7 to 12 months because the courts have a duty to check the reasons for any dispute. Remember, your partner can only dispute your divorce application if they have a valid reason, such as if your marriage was not valid in the first place.

If your spouse refuses to respond to divorce papers in the UK, you can use a process server, a deemed service, or dispense with service. Please contact our family law team if your spouse is dragging out a divorce. We can advise which method to use to ensure that the papers are served in a way that the court will consider valid. 

How to divorce someone you haven’t seen in years

To file for divorce with a missing spouse or an abandoned spouse, there are certain steps that you will need to take:

1. Try to locate their latest address – you may be able to do this by contacting their children, friends, employer, trade union or professional organisation.
2. Complete the divorce application online (see above).
3. Pay the divorce application fee of £593.
4. If the divorce application is returned unopened, you will need to take another approach. This may include contacting the court Divorce Service Centre, who can try to find your husband or wife’s address on a government department database (e.g. HMRC). Alternatively, you could try another communication method, such as email or use a third-party address tracing service.
5. If you are still unable to locate your husband or wife, you can ask the court to dispense with the need to serve a divorce petition by completing and submitting form D13B¹. You will also need to pay a fee of £53.
6. If your wife or husband has died, you can complete a petition for the presumption of death (Form D8D)² and pay a fee of £365. It is advisable to seek the guidance of a family law solicitor who can handle this process on your behalf and ensure that you have the necessary documents as evidence.

References

¹ GOV.UK: Form D13B

² GOV.UK: Form D8D