My spouse refuses to sign. Can I still get divorced?
A spouse cannot ordinarily prevent a divorce simply because they do not want one. If you are eligible to apply, you can start the divorce yourself without waiting for your spouse to agree to a joint application.
CalmSplit prepares a sole divorce application for a one-off £159 and is built so one person can complete the whole journey alone.
- No consent is needed for a sole application
- Refusing to acknowledge only delays matters, it does not block them
- The court can proceed where service can be proved
One-off CalmSplit fee. HMCTS court fees are paid separately to the court.
Check suitabilityStart free and pay £159 only when you are ready to prepare your application.
See how it worksWhy consent no longer matters
Under the no-fault law the applicant's statement that the marriage has broken down irretrievably is conclusive. There is no ground on which a spouse can defend a divorce merely because they object to it.
What happens if they ignore the papers
- You can ask the court bailiff to serve the application personally
- You can apply for deemed service if you can show they received it
- You can apply for an alternative method of service
- Once service is established, the divorce continues without their participation
Finances are separate
A reluctant spouse can slow down a financial agreement. If a consent order is not possible, a financial application to court may be needed, and independent advice is sensible.
Frequently asked questions
Related CalmSplit pages
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Start free and pay £159 only when you are ready to prepare your application.
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