Can my spouse refuse to divorce me?
No. Under the no-fault system in England and Wales, your husband or wife generally cannot prevent a divorce simply because they do not want the marriage to end. You can make a sole application without them joining you.
CalmSplit prepares a sole divorce application from your answers for a one-off £159, and guides you through what happens if your spouse does not respond.
- A sole application needs only your statement that the marriage has broken down
- Your spouse does not have to agree, sign or consent
- Non-response delays the divorce but does not stop it
One-off CalmSplit fee. HMCTS court fees are paid separately to the court.
Check suitabilityStart free and pay the one-off £159 when you are ready to prepare your application.
See how it worksWhy refusal does not work
Since April 2022 the court accepts your statement that the marriage has broken down irretrievably as conclusive. There is no defence of denying the breakdown, so a reluctant spouse cannot argue the marriage should continue.
The very limited grounds to dispute
- The court has no jurisdiction over either of you
- The marriage was never legally valid
- The marriage has already been ended elsewhere
- A procedural error in the application
If your spouse ignores the papers
The court can be asked to deem service, or to allow service by another method such as email, social media or a process server. In some cases the divorce can proceed without an acknowledgement. It adds weeks, not a veto.
Husbands and wives are treated identically
The law makes no distinction. Whether it is your husband or your wife refusing, the sole application route and the timetable are the same.
Frequently asked questions
Related CalmSplit pages
Check suitability
Start free and pay the one-off £159 when you are ready to prepare your application.
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