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“Can I get a divorce without my spouse’s consent?” is a question that is regularly answered by Quickie Divorce’s advisers. The simple answer to this question is yes, but that’s not the whole story.

Here are the things you need to know if you want a divorce and your spouse doesn’t agree:

You can’t rely on two-year separation

In order to rely on the fact that you and your spouse have been living separately for more than two years (but less than five), you both need to agree to the divorce.

In fact, the full term for this ground is ‘two-year separation with consent’ so this really is non-negotiable and you’ll need to rely on adultery, unreasonable behaviour or five-year separation instead.

You could end up paying more

As part of the divorce process, your spouse will be sent a form known as an Acknowledgement of Service following you having filed the necessary paperwork with the court. This form will contain the facts you provided in support of your application (the date on which you separated, examples of your spouse’s unreasonable behaviour etc.). 

Your spouse will be asked to complete and return this form to the court, stating whether or not they agree to the aforementioned facts and if they consent to the divorce. Surprisingly, though, your main concern should not be them indicating that they don’t agree to these and then returning the form but them simply not returning the form at all.

Whilst it is still possible to obtain the divorce if your spouse does not consent to it or even if they disagree with the facts of your petition (adultery is an exception but we’ll get to that later), it is key that the courts have proof of the fact that your spouse received the Acknowledgment of Service. 

If your spouse simply ignores this correspondence, you’re going to need to pay the court’s bailiff or a process server to physically hand a copy of the document to them. This will cost you between £100 and £250. 

Avoid adultery

It’s possible to get divorced whilst relying on your spouse’s adultery if they don’t agree but we really wouldn’t recommend it. 
Basically, if you file on this ground and your spouse denies it, you’re going to need to provide proof. This can, as I’m sure you can imagine, be extremely difficult and also very expensive. 

Trust us, even if your spouse has been unfaithful, don’t rely on adultery unless you’re positive they’ll agree to the divorce.

It’s a lot easier if you know where they live

If you don’t know your spouse’s address (this is a far more common problem than you’d expect), you can ask the court for their permission to proceed with your application without their knowledge. 

You may think that this actually sounds easier but, as you’ll need to go to painstaking lengths to try and locate them before the court will even consider such a request, it’s likely to be both time-consuming and, potentially, very expensive. 

In summary, it is entirely possible to get divorced without your spouse’s consent but there are potential complications. It’s also possible – provided your spouse returns the Acknowledgement of Service and you’re relying on five-year-separation or unreasonable behaviour – that the process will prove to be straightforward.

If you do intent to file for a divorce without your spouse’s consent, though, be prepared for additional costs and complications.