• 8 October 2025

Can I Get Divorced Without My Spouse’s Consent?

by Macks Solicitors

When a marriage breaks down, one of the biggest worries many people have is: “Can I still get divorced if my spouse won’t sign?”

The good news is yes, you can. Under current law, your spouse’s agreement or signature isn’t needed for a divorce to go ahead, even if they refuse to cooperate.

No-Fault Divorce: A Simpler, Fairer Way to Move On

Since April 2022, divorce law in England and Wales has changed under the Divorce, Dissolution and Separation Act.

This introduced no-fault divorce, meaning:

  • You don’t need to blame your spouse for the breakdown of your marriage.
  • Either one or both of you can start the process.
  • And most importantly your spouse can’t contest or block the divorce.

Applying for Divorce on Your Own

You can start your divorce in one of two ways:

  • Sole application – You apply for divorce on your own. The court will send the papers to your spouse, but they can’t stop the process.
  • Joint application – You and your spouse apply together if you both agree to proceed cooperatively.

If your partner doesn’t want to take part, a sole application is usually the best and most straightforward route.

What If My Spouse Ignores the Divorce Papers?

If your spouse chooses not to respond, don’t worry the court can still move the process forward.
As long as the documents have been properly served, your divorce will continue, though it may take a little longer.

How Long Does Divorce Take?

A no-fault divorce typically takes around seven months from start to finish.

Here’s how the process works:

  1. Divorce Application – Apply online or by post (online is faster usually processed within 10 days).
  2. Acknowledgement of Service – In a sole application, your spouse has 14 days to confirm receipt.
  3. Conditional Order – After a 20-week reflection period, you can apply for this next stage.
  4. Final Order – Six weeks and one day later, you can apply for the Final Order, which legally ends your marriage.

Additional time may be needed to finalise financial or childcare arrangements, but the new system aims to keep things simple and uncontested.

Sorting Out Money and Children

A Final Order ends your marriage, but it doesn’t automatically resolve your finances or child arrangements.
To protect your future, you’ll need:

  • A Financial Order to fairly divide property, pensions, savings, and debts.
  • Agreements around where your children will live, contact, and decision-making.

These can be handled alongside the divorce with the right legal advice.

Why Having a Solicitor Still Matters

Even though the process is now simpler, getting professional advice is crucial.
A family law solicitor will:

  • Make sure your finances and parenting arrangements are properly handled.
  • Protect you from future claims or disputes.
  • Provide reassurance and clarity at every step.

Trying to manage the process alone can leave you vulnerable to costly mistakes or unresolved issues.

How Macks Solicitors Can Help

At Macks Solicitors, we know divorce can be emotional and overwhelming — especially when your spouse won’t cooperate.
Our friendly, experienced family law team will:

  • Handle all the paperwork and guide you through every stage.
  • Protect your finances and help you make secure arrangements for your children.
  • Offer clear, compassionate advice tailored to your situation

Let’s Talk

Call us on 01642 843 671 or use our online contact form to get started. We’ll listen, explain your options, and help you move forward with confidence.

Macks Solicitors proudly serve clients across England and Wales, with offices in MiddlesbroughDarlingtonRedcar and Harrogate.

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