Do both partners need to agree on the grounds for divorce?
Divorce can be one of the most emotionally and legally complex events in a person’s life. It involves not only the dissolution of a marriage but also the resolution of key financial and familial matters. One of the fundamental questions couples ask when considering divorce is whether both partners must agree on the grounds for the divorce to proceed. At Higgins Miller Solicitors, we specialise in family law and understand the intricacies of divorce proceedings. In this article, we will explore whether mutual divorce agreement is necessary, how recent changes in UK divorce law affect this process, and what steps individuals can take if one party does not agree.
Understanding the grounds for divorce
Before recent legal changes, couples seeking divorce in England and Wales had to provide a reason, or ‘ground,’ for the breakdown of the marriage. The five grounds included:
- Adultery – One spouse had committed adultery, making it intolerable to continue the marriage.
- Unreasonable behaviour – One spouse acted in a way that made living together impossible.
- Desertion – One partner had deserted the other for a continuous period of at least two years.
- Separation for two years (With consent) – The couple had been separated for at least two years, and both parties agreed to the divorce.
- Separation for five years (Without consent) – The couple had been separated for five years, allowing the divorce to proceed even if one party objected.
Under this system, a partner could contest the divorce if they did not agree with the grounds being used. This often led to drawn-out legal disputes, making the process more stressful and costly for both parties.
The introduction of ‘No-Fault divorce’
A significant shift in UK divorce law came with the introduction of the Divorce, Dissolution and Separation Act 2020, which came into effect on 6 April 2022. This legislation introduced a no-fault divorce system, fundamentally changing the requirement for mutual separation agreement on the grounds of divorce.
Under the new law, couples no longer need to assign blame or prove wrongdoing. Instead, one or both partners can apply for a divorce by simply stating that the marriage has irretrievably broken down. This removes the need for agreement on specific grounds and eliminates the potential for one spouse to contest the divorce.
Can one partner prevent a divorce?
With the introduction of no-fault divorce, one of the most significant changes is that a divorce cannot be contested, except on very limited grounds. The only circumstances in which a divorce application can be challenged are:
- Jurisdictional issues – If the court does not have the legal authority to oversee the divorce (for example, if neither spouse is legally domiciled in England or Wales).
- Procedural errors – If there is a mistake in the divorce application, such as incorrect personal details.
- Fraud or coercion – If it is proven that one party has applied for divorce under fraudulent circumstances or undue pressure.
This means that if one partner does not want to divorce, they cannot prevent it from proceeding simply by refusing to agree. Once one spouse submits a valid divorce application, the process will continue regardless of the other partner’s wishes.
What if one partner refuses to participate?
Although mutual agreement is not required, the participation of both spouses can make the process smoother. However, if one partner refuses to acknowledge or engage with the divorce proceedings, the law allows the application to move forward without their cooperation.
Once a divorce application is submitted, the other spouse is served with a notice of proceedings. They have 14 days to respond. If they fail to engage, the divorce can still progress. In most cases, the court will issue a Conditional Order (previously known as a Decree Nisi) and later a Final Order (previously known as a Decree Absolute), legally dissolving the marriage.
Joint applications for divorce
While one person can initiate the process alone, couples who wish to divorce amicably can submit a joint application. This is particularly beneficial for those who want to maintain a cooperative relationship, especially when children or shared finances are involved. A joint application demonstrates mutual consent and can make the process feel more balanced for both parties.
How long does the divorce process take?
The no-fault divorce system has also standardised the timeframe for divorce. Once an application is submitted, there is a minimum 20-week reflection period before the court grants a Conditional Order. This period allows couples to reconsider their decision and make necessary arrangements regarding finances, children, and living situations. After the Conditional Order is granted, there is an additional 6-week waiting period before the Final Order can be issued, officially ending the marriage.
In total, the no-fault divorce process takes a minimum of six months, though delays can occur due to court backlogs or unresolved financial matters.
Financial and child arrangements in divorce
While the no-fault system simplifies the legal process of divorce, it does not automatically resolve financial disputes or child custody arrangements. These matters must be handled separately through mediation, negotiation, or, if necessary, court proceedings.
- Financial settlements – A legally binding financial agreement should be reached to divide assets, savings, pensions, and property. This can be done through a financial consent order, which is recommended to avoid future claims.
- Child arrangements – Parents should work together to agree on living arrangements, contact schedules, and child maintenance payments. If disputes arise, mediation or court intervention may be necessary.
Why seek legal advice?
Although the new divorce laws make it easier to end a marriage, seeking legal advice remains crucial. At Higgins Miller Solicitors, we can help you:
- Understand your rights and obligations during the divorce process.
- Draft a financial settlement to protect your assets.
- Negotiate child custody arrangements in the best interests of your children.
- Ensure the divorce application is correctly completed to avoid delays.
Our final thoughts
The introduction of no-fault divorce has simplified the process of ending a marriage by removing the need to assign blame or secure the other party’s agreement. In most cases, one spouse can proceed with the divorce even if the other does not want to participate. While this change reduces conflict and speeds up the process, important matters such as finances and child arrangements must still be resolved separately.
If you are considering a divorce agreement and need expert guidance, our divorce lawyers Manchester are here to help. Our experienced family law team can provide the support and legal advice you need to navigate your divorce smoothly and protect your future. Contact us today for a confidential, free consultation.