One of the most common concerns when considering divorce is what happens if one spouse refuses to agree. In the past, this could create significant delays, especially if one party contested the divorce. However, under the new no-fault divorce law, this is no longer an issue.
How Does No-Fault Divorce Work?
The introduction of no-fault divorce in England and Wales in April 2022 has simplified the process and reduced unnecessary conflict. It allows couples to divorce without needing to assign blame or prove wrongdoing.
Key Changes Under No-Fault Divorce:
No More Blame or Fault
Previously, one spouse had to cite adultery, unreasonable behaviour, or a long period of separation. Now, a simple statement confirming that the marriage has irretrievably broken down is all that is required.
No Need for Spouses Consent.
The divorce process can still proceed even if one party does not agree. If one person applies, the other cannot contest the divorce, except in very limited circumstances (such as legal validity issues).
Simplified and Less Confrontational Process.
The new system encourages a more amicable separation, focusing on moving forward rather than placing blame.
What If My Spouse Refuses to Engage?
Even if your spouse does not respond to the divorce application, the process can still continue. In such cases, alternative methods of service (such as court assistance) may be used to ensure the divorce moves forward.
How Lund Bennett Law Can Help
Divorce is a major life change, and while the legal process is now simpler, having expert guidance can make a significant difference. At Lund Bennett Law, we provide clear, practical advice to help you navigate your divorce with confidence.
If you need expert legal support, contact us today on 0161 924 0079 or visit www.lundbennett.co.uk.
Moving forward starts with the right legal team. Let us help you take that next step.