Can my ex stop a divorce by refusing to sign?
No, your ex cannot stop a divorce simply by refusing to sign the papers. Under the no-fault divorce laws in England and Wales, a spouse can no longer contest or veto the divorce process.
If your ex ignores or refuses to sign the Acknowledgement of Service form, the court provides alternative routes – such as instructing a process server or applying for deemed service – so that your divorce can still proceed to completion without their cooperation.
Since the Divorce, Dissolution and Separation Act 2020 came into force in April 2022, the law no longer requires your spouse’s agreement to end a marriage. You simply need to confirm that your marriage has broken down irretrievably, and the court accepts that as conclusive.
Before 2022, a spouse could contest a divorce, which in some cases led to years of delay. That is no longer possible, except in very limited circumstances, for instance, if your ex disputes whether the courts of England and Wales have jurisdiction to hear the case at all. For the vast majority of people, that exception will not apply.
What happens at the conditional order stage if my ex won’t engage?
Usually, your ex’s lack of engagement will not stop you reaching the conditional order stage, provided service of the divorce application has been dealt with properly first.
If they do not return the Acknowledgement of Service form within 14 days, you can ask the court to accept an alternative method of service so the case can move forward and the 20-week reflection period can begin. Once service is proved or dispensed with, you can usually continue to apply for the conditional order without their active cooperation.
The right option will depend on whether your ex is avoiding service, has acknowledged receipt informally, or cannot be located at all. Depending on the circumstances, the court may allow:
- Personal service by a process server: A private agent who hand-delivers the application to your ex and provides sworn confirmation that they have received it. This route is often quicker, as you can instruct one straight away, though there is a fee to consider
- Personal service by a court bailiff: A court official who delivers the documents on the court’s behalf instead. This usually costs less than a process server, but it can take longer, as you are relying on the court’s availability rather than a private service. This option is usually only available to those without legal representation
- Deemed service: If you have evidence, such as text messages or emails, showing that your ex has seen and received the application, you can ask the court to accept this as proof of service
- Dispensing with service: As a last resort, if your ex genuinely cannot be found despite every reasonable effort, the court may agree to waive the requirement to prove service altogether
Once the issue of service is dealt with, the 20-week reflection period begins. From there, you – as the sole applicant – can apply for the conditional order without your ex’s involvement. The court reviews the case and, if satisfied that you are entitled to be divorced, grants the conditional order. Your ex’s non-participation does not prevent this.
What if my ex won’t sign a clean break order or consent order?
If your ex will not sign a clean break order or consent order, the court cannot approve it as an agreed settlement. That does not mean you lose the ability to resolve finances, but it does mean matters may need to move into a contested financial process instead of being dealt with by consent.
A divorce and a financial settlement are separate legal processes, so ending the marriage does not automatically end your financial ties to one another. A consent order – including a clean break order, where appropriate – is the document the court uses to record what has been agreed about property, assets, pensions, maintenance, and any future financial claims.
Where both parties agree, a solicitor can draft the order and send it to the court for approval. If your ex refuses to sign or does not engage with the process, that agreement cannot be finalised by consent.
Solicitor’s tip: Without a financial order, you are vulnerable to future financial claims even after the final order has been made. This means your ex could claim against your inheritance or a lottery win, even if you’ve been divorced for years.
Can I apply to court if my ex refuses to sign a consent order?
Yes, if your ex refuses to sign a consent order, you’re not left without options – for example, you can make a formal application to the court for a financial remedy order. This is done using Form A, which begins financial remedy proceedings. Both of you are then required to provide full financial disclosure, and the court sets a clear timetable of steps that each party must follow.
The court has the power to make a financial order at a final hearing, even if your ex has refused to engage. It can also address non-disclosure or deliberate delay, including if your ex has withheld financial information.
This route does take longer and costs more than reaching an agreement out of court, which is why exploring mediation first is often recommended.
Expert advice from one of our family lawyers
Judit Kerese, a Senior Associate at our family law office in Swansea, says:
“We recommend that you explore non-court dispute resolution in the first instance, even if your spouse is not cooperating, as this will show that you exhausted all out of court options.
“Solicitors will often put uncooperative parties on notice of costs explaining that if they do not engage, a costs order will be sought against them.”
How long can my ex drag out the process?
There’s no fixed time limit on how long a divorce can take. Where things are uncontested and straightforward, a divorce in England and Wales usually takes between six and nine months. But when one party is deliberately uncooperative, cases can stretch to one or two years, and sometimes longer when financial proceedings are contested.
Delays in the process can carry real financial consequences. For example, courts in England and Wales assess each party’s financial position at the time of the hearing, not when proceedings began. So, any changes in income, assets, or property values over the course of a prolonged case can all affect what a fair settlement looks like.
Our guide on how long a spouse can drag out a UK divorce looks at the specific tactics involved, and what can be done about each one.
What should you do next?
If your ex is refusing to engage with the divorce, the most helpful step you can take is to seek legal advice early.
A specialist solicitor can help you recognise the tactics being used, keep the process moving, and make sure your financial interests are protected at every stage. You don’t need your ex’s cooperation to move forward in your divorce – you simply need the right team behind you.
If you’d like to talk things through with a member of our team, call us on 0330 159 9810 or book a free callback at a time that suits you.
Keep reading…
What’s the UK’s divorce process?
