Can I get a divorce if my spouse refuses?

Consent isn't required for most facts

Only two of the six facts depend on your spouse agreeing: three years' separation with consent, and Divorce by Mutual Agreement. You can rely on any of the others without their agreement:

• unreasonable behaviour;
• adultery;
• desertion for at least two years; or
• separation for at least four years.

What happens if your spouse defends

Once served, your spouse can file a defence, disputing that the marriage has broken down or the facts you rely on. The court then decides the issue on the evidence. In practice, defended divorces where the marriage has clearly ended are uncommon, and many spouses who start out opposed agree to the divorce once the ancillary matters are on the table.

If your spouse ignores the papers

If your spouse is properly served and does not respond within the time allowed, the divorce can proceed without their participation. The court will still need to be satisfied that the marriage has broken down and will deal with the ancillary matters.

If your spouse can't be found

Divorce papers normally have to be served personally. If your spouse cannot be located, or is avoiding service, you can apply to the court for permission to serve another way, for example by post to their last known address, by email or messaging, or by advertisement. You will need to show the reasonable efforts you have made to find them.

Protecting yourself while it's ongoing

Where a spouse is uncooperative, it is sensible to secure copies of important financial documents early and, if there is any risk of violence, consider a Personal Protection Order. If you are concerned your spouse may dispose of assets, take advice promptly, since the court has powers to restrain this.