My wife wants a divorce but I don’t . what do I do?

By October 8, 2015


The question “my wife wants a divorce but i don’t” is actually more common than you would think.

Legally what can you do if your spouse does not want a divorce.

taking aside the moral argument about trying to save your marriage, legally there are a number of practical options.

If you divorce in England on the grounds of unreasonable behaviour, i.e a fault based divorce, this will put your wife in a position where they have to either 1) defend the divorce petition 2) ignore the divorce petition or 3) consent to the divorce.

Defending a divorce

Unless your spouse has a lot of money, then defending a divorce is not going to be much of an option. There is no legal aid to defend a divorce and unless they are going to become a lawyer overnight, then they are not going to want to delve in to a whole lot of paperwork and procedure. 99% of all divorces in England and Wales are undefended. So that brings us to the next and most common option.

Ignoring a divorce petition

Most people who are not in agreement with a divorce when confronted with a divorce petition will opt to ignore it. Most divorce petitions simply end up in the trash. In this case you can still proceed with your divorce as long as you can prove they have received it. Call us on 01793 384 032 to find out what this entails and how we can help.

Consent to a divorce

Most people can be persuaded to consent to a divorce if confronted with the reality of the situation and of course a threat of them paying the costs if they do not will always help. Usually some negotiation on the wording of a divorce petition may be needed in order to help ease any misgivings.

Also, most of you are not Liam Gallagher and your details will not be printed in the Daily mail, so whatever is said is going to be between you as a couple and no one else.

If you would like to know more about divorcing someone who does not want to divorce, then give us a call on 01793 384 032 or speak to us confidentially on livechat.

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