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Divorce can already feel overwhelming, but it becomes even more stressful if your ex or partner refuses to cooperate. Many people worry that they cannot move forward if their spouse does not sign the papers. The good news is that divorce in England and Wales does not depend on your ex-partner’s agreement. However, it can make the process more complex.
At Waely Law, we often work with clients facing this exact situation. With the right legal guidance, you can still achieve a fair outcome and take control of your future.
Do You Need Your Ex to Agree to the Divorce?
Since April 2022, divorce law in England and Wales follows the no-fault divorce system. This means you no longer need to prove blame or fault. You only need to state that your marriage has irretrievably broken down.
The court does not require your spouse’s consent for the divorce to proceed. If you start an application, your ex will be notified, but they cannot stop the process simply by refusing to sign.
For more detail, see the Government’s divorce process guidance.
What Happens if They Do Not Respond?
If your ex ignores the divorce papers, the court may treat this as non-response. You can still move forward by:
- Proving service – showing the court that your ex received the papers. This may involve court bailiffs or a process server.
- Applying for conditional order – even without their response, as long as service has been confirmed.
At this stage, it is vital to have legal advice, as errors in serving documents can cause delays.
Can They Defend the Divorce?
Under the no-fault system, it is much harder for a spouse to contest a divorce. In fact, the only grounds to dispute it are:
- The marriage was not valid in the first place.
- The UK courts do not have jurisdiction to deal with the case.
- The marriage has already ended legally elsewhere.
In most cases, your ex cannot stop the divorce simply because they do not want it.
Financial Settlements and Children
Even if your divorce can proceed without your ex signing, financial and child arrangements still require careful negotiation or court involvement.
At Waely Law, we guide clients through:
If your spouse is uncooperative, these issues can take longer to resolve. Having strong legal representation is essential to protect your assets and your children’s wellbeing.
Common Concerns Clients Have
“Will the divorce take longer if my ex does not sign?”
Yes, it can cause delays. Serving papers and proving service may extend the process, but it will not prevent the divorce altogether.
“Will I get stuck in the marriage?”
No. The law allows you to move forward even without your ex’s consent.
“Can I do this without a solicitor?”
You can try, but the risk of delays, paperwork errors, or financial disadvantages is high. A solicitor ensures your rights are fully protected.
Emotional and Practical Support
Divorce is not only a legal process but also an emotional journey. If your ex is making things difficult, it can leave you feeling powerless. Remember, you are not alone.
You may also find support through:
- Citizens Advice
- Relate – for emotional and relationship support
At Waely Law, we combine legal expertise with compassion. We listen to your story, adapt to your needs, and help you take the next step with confidence.
Next Steps
If your ex-partner refuses to sign or respond to divorce papers, do not let uncertainty hold you back. With legal representation, you can still move forward and protect your future.
Contact Waely Law today to discuss your situation with a solicitor who will listen, support, and represent you every step of the way.
FAQs About Refusing to Sign Divorce Papers
Can my spouse stop me from getting a divorce?
No, unless they can prove one of the limited grounds for disputing a divorce.
What if my ex lives abroad?
The process may take longer, but papers can still be served internationally. Legal advice is essential in these cases.
Can I get a financial settlement if they refuse to engage?
Yes, but it may require court intervention. Solicitors can help prepare and present your case effectively.
What if my ex is hiding assets?
This is common in difficult divorces. Our team can apply for freezing orders to protect your assets.
How long does divorce take if they do not sign?
On average, a no-fault divorce takes around six months. Non-cooperation can extend this, but it will not stop it.
