What to Do If Your Partner Won’t Agree to a Divorce in the UK | No-Fault Divorce Explained

If one partner refuses to engage, respond, or agree to the divorce, the process can become frustrating; however, they cannot unreasonably stop it. The reality is that while an uncooperative partner may slow matters down, the law provides several routes to ensure the application proceeds. In this article, we explain all you need to know if your partner will not agree to a divorce in the UK.

Can my spouse refuse the divorce?

Under current law, your spouse cannot block or refuse a divorce simply because they don’t want to get divorced; there have to be exceptional circumstances. Such extraordinary circumstances: the fact that you were never married, that your marriage was not valid, or that it is not recognised in the UK. 

Under the UK no-fault divorce process, which came into force in April 2022, the only ground for divorce is that the marriage or civil partnership has broken down irretrievably. This change means that couples can now divorce without needing to prove fault, such as adultery or unreasonable behaviour.

What happens if my spouse ignores the divorce application?

When one person applies for a divorce (i.e. a sole application is made), the other party becomes known as the respondent. The respondent must be served with divorce papers and given 14 days to reply by completing an Acknowledgement of Service form. 

If your spouse ignores the divorce papers, the court expects you to show that you have made every reasonable effort to serve them. There are several methods available to ensure the process moves forward:

• Standard service - In most cases, the divorce application is served by email or post. The court will send confirmation once this has been done.
• Deemed service - If you can show that your spouse received the papers but has chosen not to respond, you can apply for deemed service. This allows the court to move ahead on the basis that your partner is aware of the proceedings.
• Alternative service - If your spouse is deliberately avoiding service, you may ask the court for permission to send the papers to an alternative address or person, such as a friend, relative, or workplace.
• Dispensing with service - Where your spouse cannot be located despite reasonable efforts (including tracing enquiries), you may apply to dispense with service. If granted by the court, this means the divorce can proceed without proof of service on the respondent.

Always remember, the court’s priority is to ensure fairness and notice, but it will not allow deliberate obstruction to halt the process indefinitely.

What if my spouse defends the divorce?

If your spouse files a defence, the case may be listed for a Family Court hearing. Both parties will have the opportunity to present their arguments. The court will ultimately decide whether the marriage has irretrievably broken down. In almost every case, the court finds in favour of the applicant and allows the divorce to proceed. Genuine defences typically arise only where the court lacks jurisdiction or there is evidence that the marriage was never legally valid.

Non-Court Dispute Resolution (NCDR)

Even if your spouse continues to block your divorce, discussing the practical implications through a neutral mediator may make the process smoother and less stressful. While your partner cannot stop the divorce itself in most situations, disputes may arise about financial arrangements, child contact, or property. In these situations, mediation or family arbitration can be highly effective in bringing about a resolution. The court expects couples to consider mediation before bringing an application about finances or children, unless there are exceptional circumstances such as domestic abuse. Mediation can help both parties reach an agreement without escalating matters to court.

Final words

We hope that this article gives you some reassurance that your spouse cannot simply block your divorce because they don’t want to proceed. If you believe that your marriage or civil partnership has broken down irretrievably, you can make a sole application and use methods such as dispensing with service to ensure the process continues even if your spouse refuses to engage. 

FAQs

Can I apply for a divorce if I don’t know my partner’s address?

Yes, if you have made reasonable attempts to trace your spouse, such as contacting relatives, friends, or employers, you can ask the court to dispense with service. This allows the divorce to proceed even if your partner cannot be found.

How long does a divorce take if my partner won’t engage?

A typical no-fault divorce takes around 6–8 months. However, if your spouse ignores correspondence or avoids service, it may take longer while alternative service methods are arranged. The process cannot be stopped, however.

Can my partner stop me from getting a divorce?

No, under the current law, your spouse cannot stop the divorce from being granted. They can only raise limited objections about jurisdiction or the validity of the marriage.

What happens if my partner defends the divorce?

The case will go to a Family Court hearing, where a judge decides if the marriage has irretrievably broken down. Defended divorces rarely succeed.



Do I need a solicitor if my partner won’t agree to the divorce?

It is strongly recommended. A solicitor can prepare the necessary court applications for deemed or substituted service and ensure all procedural steps are followed correctly.