The direct answer
No, a spouse cannot stop a no-fault divorce in England and Wales
Since 6 April 2022, the Divorce, Dissolution and Separation Act 2020 means that one spouse's objection to a divorce is not a valid legal reason to refuse it. If you apply for a divorce and your Statement of Irretrievable Breakdown is filed, the court must accept it. Your spouse's disagreement carries no legal weight.
Why the law changed: the Owens case
The change did not happen in a vacuum. Under the old law, a respondent could actively contest a divorce petition, and in some cases, succeed in blocking it. The most well-known example is Owens v Owens [2018] UKSC 41, in which Mrs Owens applied for divorce on the grounds of her husband's unreasonable behaviour. Mr Owens contested it. The Supreme Court, reluctantly, upheld his objection, finding that the examples of behaviour she cited were insufficient to meet the legal threshold.
Mrs Owens was effectively trapped in a marriage she did not want to be in, with no route out until the five-year separation period elapsed. The case caused widespread concern and directly accelerated the passage of the Divorce, Dissolution and Separation Act 2020. It could not happen under the current law.
The Owens v Owens case, where a spouse was refused a divorce despite not wanting to remain married, directly led to the 2022 law change.
What can a spouse actually do?
While a spouse cannot stop a no-fault divorce, they are not entirely without options. Understanding the distinction matters:
| What a spouse can do | What a spouse cannot do |
|---|---|
| Challenge the court's jurisdiction, e.g. argue that neither party is habitually resident in England and Wales | Contest the divorce on the basis that they disagree with ending the marriage |
| Challenge the validity of the marriage, e.g. argue the marriage ceremony was not legally valid | Argue that the marriage has not broken down irretrievably |
| Dispute the financial settlement, property, pensions, maintenance | Use financial disputes to delay or block the divorce itself |
| Apply for a delay to the Final Order if there are financial matters unresolved | Permanently prevent the Final Order from being granted |
| Ignore the process, but the divorce will still proceed | Stop the process by refusing to engage |
What if my spouse simply refuses to engage?
Non-engagement does not stop the process. If your spouse does not acknowledge service of the application within 14 days, you have options: apply for deemed service, instruct a process server to personally deliver the papers and file a certificate of service, or in cases where your spouse cannot be located, apply for dispensation of service.
In each case the divorce proceeds. A spouse who ignores the process entirely does not prevent the conditional order or final order from being granted, they simply have no say in the timing.
Can a spouse delay the divorce?
A spouse cannot prevent a divorce but can, in limited circumstances, apply to delay the Final Order. Under section 9(2) of the Divorce, Dissolution and Separation Act 2020, the respondent in a sole application can apply to the court to delay the Final Order if they can show that the court should consider their financial position before the marriage ends.
This is a narrow provision. It is not a veto, it is a mechanism to ensure financial matters are considered before the marriage legally ends. Courts use it sparingly and it does not give one spouse the power to delay proceedings indefinitely.
What if I am the one who does not want the divorce?
This is a genuinely painful position to be in. The law reflects a considered policy decision: that one person should not be able to trap another in a marriage they want to leave. If your spouse has applied for a no-fault divorce and you do not want one, the honest answer is that the legal process will proceed regardless of your wishes.
What you can do is focus on the financial settlement, ensuring it is fair, that your rights and entitlements are properly protected, and that you take legal advice on your position before the Final Order is made. The financial process is where your voice carries weight.
Understanding your position in the process
DivorceCompanion's stage tracker and route checker help you understand exactly where you are and what happens next, whether you applied or you've received papers.
- ✓ Route checker: amicable or contested?
- ✓ Stage tracker: your position mapped clearly
- ✓ Plain-English guidance at every step