What If My Spouse Doesn’t Want a Divorce?

One of the most emotionally difficult situations in family law is when one person wants a divorce and the other doesn’t.

It’s a common concern: Can my spouse stop the divorce if they refuse to agree?

The short answer is no.

In England and Wales, under the Divorce, Dissolution and Separation Act 2020, one spouse cannot block a divorce simply because they don’t want it.

Since the introduction of no-fault divorce in April 2022, the only requirement is a statement that the marriage has irretrievably broken down. The court does not investigate blame or require evidence of wrongdoing.

If one party applies, the other cannot defend the divorce on the basis that they wish to remain married.

Can a Divorce Be Contested at All?

The grounds for challenging a divorce are now extremely limited. A spouse may only dispute the application in very specific circumstances, for example:

• The marriage was not legally valid
• The court does not have jurisdiction
• There was fraud or procedural error

They cannot dispute it simply because they disagree with the decision.

What About Delays?

While a spouse cannot stop the divorce, they can sometimes delay the process by:

• Failing to respond to paperwork
• Avoiding service of documents

However, the court has procedures to move the process forward even if one party is uncooperative.

Divorce vs. Financial Matters

It’s important to separate the legal ending of the marriage from financial arrangements.

Even if the divorce itself proceeds, negotiations around:

• Property
• Pensions
• Maintenance
• Child arrangements

may still require agreement or court determination.

A spouse who does not want the divorce may be more resistant during financial discussions, which can extend timelines and increase costs.