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Can I refuse to sign divorce papers? Senior Family Lawyer Can I refuse to sign divorce papers?
My clients often ask me whether they or their spouse can get a divorce without the other’s consent. Similarly, popular questions the online community asks include:
- “Can I refuse to sign divorce papers?” and
- “Do I have to respond to my wife’s divorce application if I don’t want to?”
Can my spouse divorce me without my consent?
The answer to this question is different now under the new no-fault divorce system, introduced on 6th April 2022. Subject to meeting the relevant domicile/habitual residence criteria, anyone can apply for a divorce in England and Wales:
- after one year of marriage;
- if they believe the marriage has irretrievably broken down.
They do not need to prove anything, and they do not need the consent of their husband or wife.
The divorce may proceed without your response – and it might cost you
The first step is for the spouse who wants a divorce (the applicant) to send their divorce application to the court. The court then sends a copy to the other spouse (the respondent) requesting them to respond to the application within 14 days.
If you do not respond to the application, your husband or wife can still continue with the divorce if the court decides that you have received the application. They may arrange delivery of a paper version of the document to you personally to you to prove receipt. If so, you might have to pay the associated cost if your spouse applies for a costs order against you. So, ignoring a divorce application can hit you in the pocket.
Can I object to the divorce when I respond to the divorce application?
Objecting to or defending a divorce is no longer possible, but a respondent may dispute the divorce on limited grounds. You would have to show that the marriage is invalid, no longer subsisting, the domicile/habitual residence criteria are not met, or that there has been fraud or procedural non-compliance.
If you dispute the proceedings, you must follow up your response with a formal ‘Answer’ and pay a fee. Court hearings then decide whether or not the divorce continues or whether to dismiss the application.
The importance of remaining married until finances have been sorted out
Respondents can worry about their husband or wife obtaining a final order of divorce before finalising finances. This is a valid fear as you could lose certain legal rights as their spouse, for example, under their pension or Will, in the event of their death.
Therefore, it’s often advisable to request from the applicant an undertaking that they will not apply for the final order of divorce until the court makes a financial. Make this request as soon as possible after receiving the divorce application. If an applicant refuses to provide an undertaking, the respondent should consider applying under Section 10 of the Matrimonial Causes Act 1973. You cannot make a Section 10 application until the conditional order is made, so you must be ready to act quickly.
Take early legal advice
The simplification of the divorce process following the introduction of no-fault divorce means that many applicants and respondents deal with the necessary form-filling online without taking legal advice.
However, often, people do not appreciate the risk of cost penalties and the loss of legal rights if timescales and procedures are not followed. Consequently, we recommend obtaining specialist legal advice as soon as you receive your spouse’s divorce application from the court.
At BLB, we offer a face-to-face initial interview with a specialist family lawyer for a fixed fee of £150 (including VAT) for up to one hour. These interviews allow us to learn about your situation and give an overview of the law, the options available, and the cost implications.
