What Happens If My Partner Won’t Agree to a Divorce?

Many people worry that they cannot end their marriage if their spouse refuses to cooperate. If you are considering divorce, you may be asking: “What happens if my partner won’t agree to a divorce?”

The introduction of no-fault divorce in the UK has made the process much simpler. Under current law in England and Wales, your partner cannot prevent a divorce simply because they disagree with it.

If your marriage has broken down, you can still move forward with the legal process, even without your spouse’s consent. Speaking with an experienced divorce lawyer can help you understand your rights and guide you through each stage of the process.

Understanding no-fault divorce UK

The no fault divorce UK system, introduced in April 2022, changed how couples legally end their marriage. Previously, one spouse often had to blame the other for the breakdown of the relationship by citing reasons such as adultery or unreasonable behaviour. In cases where there had been no unreasonable behaviour, the couple had to be separated for a certain length of time prior to divorcing.

With no fault divorce, you simply state that the marriage has irretrievably broken down.

Key benefits of no-fault divorce include:

•  Reduced conflict between spouses.
•  A simpler divorce application process.
•  The ability to apply jointly or individually.
•  Fewer opportunities for a spouse to challenge the divorce.

This means that one person can apply for a divorce even if the other partner disagrees.

Can my partner refuse a divorce?

In most situations, the answer is no.

When you apply for a divorce under the no-fault divorce UK rules, your spouse cannot contest the divorce simply because they do not want it to happen.

They will be notified of the application, but the process can continue even if they refuse to engage.

The only limited grounds for challenging a divorce relate to issues such as jurisdiction or whether the marriage is legally valid. These situations are rare.

Divorce process UK explained

Even though your partner cannot stop the divorce, there are still several legal stages that must be followed.

Divorce Application

The process begins when one or both spouses submit a divorce application to the court stating that the marriage has broken down irretrievably.

Conditional Order

After the application is issued, there is a mandatory 20-week reflection period. Once this has passed, you can apply for a conditional order.

A conditional order confirms that the court sees no legal reason why the divorce cannot proceed. It is an important stage in the divorce process and often the point at which financial matters begin to be finalised.

Final Order

After a further waiting period, you can apply for the final order, which legally ends the marriage.

Once the final order is granted, you are officially divorced.

Divorce Financial Settlements

While the divorce itself may be straightforward, couples often need to resolve financial matters.

A divorce financial settlement determines how assets are divided between spouses. This can include:

•  The family home.
•  Savings and investments.
•  Pensions.
•  Businesses.
•  Debts.

A divorce settlement can be reached through negotiation, mediation, or through the courts if an agreement cannot be reached.

It is usually advisable to finalise your divorce financial settlement before applying for the final order, as this can protect your financial position.

An experienced divorce lawyer can help ensure that your interests are protected during negotiations.

What Happens If Children Are Involved?

If you and your spouse have children, you may also need to agree arrangements regarding where the children will live and how much time they spend with each parent.

In many cases, parents can agree these arrangements themselves. However, if disputes arise, the court may make a child arrangements order.

A child arrangements order sets out:

•  Where the child will live.
•  When the child will spend time with each parent.
•  Other important aspects of their care.

Courts prioritise the best interests of the child when making these decisions.

Why you should speak to a divorce lawyer

Even with the introduction of no-fault divorce, the legal process can still involve complex decisions regarding finances, property, and children.

A knowledgeable divorce lawyer can help you:

•  Navigate the divorce process.
•  Secure a fair divorce settlement.
•  Resolve disputes over finances or property.
•  Assist with applications for a child arrangements order.

Getting early legal advice can make the process smoother and help reduce unnecessary stress.

Contact Gavin Edmondson Solicitors

If you are considering divorce or dealing with a partner who refuses to cooperate, the team at Gavin Edmondson Solicitors can help.

Our experienced team provides practical advice on no fault divorce, divorce financial settlements, and child arrangements orders, helping clients move forward with confidence.