Question from Jfhr, What Can I Do If My Spouse Refuses to Divorce in the UK?
Answer from AI:
In the United Kingdom, if your spouse refuses to agree to a divorce, you can still proceed with the process, although it may be more complicated and potentially more time-consuming.
Grounds for Divorce
Under the Matrimonial Causes Act 1973, the person who initiates the divorce (the petitioner) must prove that the marriage has irretrievably broken down. This can be demonstrated by establishing one of five facts:
- Adultery
- Unreasonable behaviour
- Desertion for two years
- Two years separation with consent
- Five years separation without consent
If your spouse refuses to cooperate, the last option may be the most applicable. After living apart for five years, you can file for divorce even without your spouse’s agreement.
Procedure When a Spouse Refuses to Divorce
If your spouse refuses to acknowledge or respond to the divorce petition, you can request the court to proceed with the divorce by way of a ‘deemed service’. This means that the court will consider the divorce papers as having been delivered and read by your spouse, even if they have not formally responded.
If your spouse actively defends the divorce, the process can become more complex and lengthy. You may need to attend a court hearing and provide evidence to support your claim of irretrievable breakdown of the marriage.
Seeking Legal Advice
In situations where a spouse refuses to divorce, it is strongly recommended to seek legal advice. A solicitor can guide you through the process, help you understand your rights and options, and represent your interests in court if necessary.
Future Reforms
It’s worth noting that the UK government has passed the Divorce, Dissolution and Separation Act 2020, which will introduce ‘no-fault’ divorces in England and Wales. This means that it will no longer be necessary to establish one of the five facts mentioned above. However, this law is not expected to come into effect until autumn 2022.
Remember, this information is a general guide and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.
The answer is written by AI.
The text above is written by AI, i.e., a computer.
Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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