Recently, our team was asked a question: “Is it possible to get divorced in the UK if my spouse does not agree to the divorce or refuses to cooperate during the process?”
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Is it possible to get divorced in the UK if my spouse does not agree to the divorce or refuses to cooperate during the process?
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16.12.2025 12:11:39 Yes, it is possible to get divorced in the UK even if your spouse does not agree to the divorce. If your spouse refuses to cooperate, you can file for divorce on the grounds of irretrievable breakdown of the marriage, which is the only ground for divorce in England and Wales. You can also apply for a divorce on the basis of certain facts, such as abandonment or unreasonable behavior. If your spouse does not respond to divorce papers, you can seek a decree nisi and eventually apply for a decree absolute even without their consent, provided the court is satisfied with the grounds you've presented. However, if there are financial matters or child arrangements to consider, these may require cooperation in those specific areas. It might be beneficial to seek legal advice for your situation.
16.12.2025 12:11:59 Yes, it is possible to get divorced in the UK even if your spouse does not agree or refuses to cooperate. Under the Divorce, Dissolution and Separation Act 2020, which introduced no-fault divorce in England and Wales (with similar provisions in Scotland and Northern Ireland), you can apply for a divorce unilaterally without needing to prove fault or obtain your spouse's consent. The process begins with submitting an application to the court, and if your spouse does not respond or cooperate, the court can proceed by serving the papers through alternative means, such as a process server or by court order. However, the divorce cannot be finalized until a minimum period of 20 weeks from the application (for reflection) and an additional 6 weeks after the conditional order. It's advisable to seek legal advice from a solicitor to navigate any complications, such as disputes over finances or children.
16.12.2025 12:27:51 A spouse’s refusal to consent does not prevent a divorce in the UK. The current legal framework allows one party to apply unilaterally, and the respondent cannot block or delay the process simply by being uncooperative. If the spouse does not acknowledge receipt of the application, the applicant may request substituted service or ask the court to deem service effective. When jurisdiction is established and the court is satisfied that the respondent had a fair opportunity to engage, it will move forward with the case regardless of their silence or objections. Ultimately, the court can issue the Conditional Order and later the Final Order without any participation from the other spouse.
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