Divorce when your spouse will not cooperate

Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 13 August 2026England & Wales

You do not have to wait for your spouse. You can start a sole application on your own, and they cannot stop the divorce simply by refusing to agree or refusing to reply.

CalmSplit is solo-first, so you can prepare and progress the whole application without your spouse ever logging in.

  • A sole application does not require your spouse's consent
  • Refusing to respond delays the divorce but cannot prevent it
  • The court has options where a spouse ignores the application
  • Nothing in CalmSplit requires your spouse to take part
CalmSplit fee
£159one-off, per person

One-off CalmSplit fee. HMCTS court fees are paid separately to the court.

Start on your own

You do not need their permission to begin. £159 one-off when you continue.

See how it works

If they ignore the application

  • HMCTS serves the application, usually by email and post
  • Your spouse should return the acknowledgement of service within 14 days
  • If they do not, you can ask the court to serve them by another method, such as a process server or a different email address
  • You can apply for deemed service where you can show they received it
  • As a last resort the court can dispense with service altogether

If you do not know where they live

You will need to show the court you have made reasonable attempts to trace them. That can include contacting known family, employers, or applying for a search through certain government records. The court can then allow alternative service or dispense with service so the divorce can continue.

Where cooperation still matters

  • Financial settlement: a consent order needs both signatures
  • Without agreement, a financial application to court may be necessary
  • Child arrangements may need mediation before any court application
  • None of this stops the divorce itself from proceeding

If you feel unsafe

If there is domestic abuse or coercive control, do not use a joint route and consider taking specialist advice. You can contact the National Domestic Abuse Helpline on 0808 2000 247 at any time, or call 999 in an emergency.

Frequently asked questions

No. Under the no-fault law they cannot contest the divorce because they disagree. Disputes are limited to narrow grounds such as jurisdiction or the validity of the marriage.

Related CalmSplit pages

Start on your own

You do not need their permission to begin. £159 one-off when you continue.

Start free
Start your divorce – £159