I don’t want a divorce!

I don’t want a divorce!

“Till Death Do Us Part” is a promise made with love, sincerity, and promise. Unfortunately, approximately 42% of marriages in the UK end in divorce. But what happens, when one partner wants to leave the marriage, but the other does not? Can the law force someone to stay married?

Grounds for Divorce

Under old divorce laws, there were five grounds your partner can use to apply for divorce and couples would have to prove to the court that their relationship had broken down irreparably.

1. Adultery

2. Unreasonable Behaviour

3. Desertion

4. Living Apart for More Than 2 Years when both partners want to divorce.

5. Living Apart for More Than 5 Years when only one partner wants to divorce.

Under the new no fault divorce laws which will apply to all divorces taking place after 06th April 2022, one spouse must no longer be proven in court to be guilty of desertion or adultery, or any “unreasonable behaviour”. Ie, you do not need to prove to the court one of the grounds of divorce any more. There is still an option to explain the reason for divorce but it can be as vague as the "relationship breaking down irretrievably".

Can my spouse divorce me if I don't want a divorce?

Under new divorce law (divorces happening from 06th April 2022 onwards), Yes, your spouse can divorce you even if you don't want a divorce. No Fault Divorces came with the removal of the ability to contest the Divorce, Separation, or Dissolution. This means that if one party makes a sole application for divorce, the other party can not contest or attempt to stop the divorce application.

Can a divorce happen without the blame game?

Yes, under the law of no fault divorces you can make joint applications where both the spouse agree that the relationship has broken down irretrievably, and can apply for a divorce together. However, the applicants still maintain the right to submit the sole application for divorce if the partner does not agree to the application for divorce.

Please do note that this Article is NOT Legal advice and should not be treated as legal advice.