Can I get a divorce without my husband or wife signing?

It is a common misconception that both parties must sign documents for a divorce to go ahead in England and Wales. In fact, you can obtain a divorce even if your husband or wife refuses to cooperate. Since the introduction of no-fault divorce in April 2022, the process has become much more straightforward, reducing opportunities for a spouse to delay or obstruct proceedings.

Under the new law, it is no longer necessary to prove fault, such as adultery or unreasonable behaviour. Instead, one spouse can apply for a divorce simply by stating that the marriage has broken down irretrievably. The other spouse does not need to agree or sign for the application to proceed. Once the application is made, the court sends the papers to the respondent, who has the opportunity to acknowledge them. If your husband refuses to respond, the court can still move forward.

In cases where the respondent ignores the papers, you can request a court bailiff or process server to deliver them personally. This provides proof of service and ensures that the court knows the respondent is aware of the proceedings. If your husband still does not engage, the divorce can continue without his active involvement. The only grounds on which a divorce can be contested are very limited, such as disputing the validity of the marriage or arguing that the court does not have jurisdiction.

The process takes a minimum of 26 weeks from the date the application is issued, allowing for a 20-week reflection period followed by the opportunity to apply for a conditional order, and later a final order. While delays can occur if the respondent tries to cause disruption, the court has procedures to deal with this.

It is important to note that while the divorce itself can proceed without your husband’s signature, financial matters are separate. To divide assets or obtain a financial settlement, you will usually need a consent order or, if agreement cannot be reached, an application to the court. Even if your husband refuses to engage in financial discussions, the court has the power to make orders ensuring a fair outcome.

The ability to obtain a divorce without your spouse's agreement is designed to prevent people from being trapped in a marriage they no longer wish to be in. It reflects a modern approach that recognises divorce should not require blame or mutual consent.

If you are considering divorce and concerned that your spouse will refuse to cooperate, our solicitors can guide you through the process and ensure your application progresses smoothly.