Divorce myth number 9 – if your partner does not consent to the divorce it cannot go ahead.

25th July 2013

Laura Lambert of Ansons LLP Solicitors family law team in Cannock, Staffordshire, explains: “This is not true.”

You can only obtain a divorce on the basis that the marriage has irretrievably broken down.

There are five facts that you can rely upon to demonstrate to a judge that the marriage has broken down irretrievably. A divorce based on the fact you have lived apart for a period of two years or more requires consent from the other spouse and a divorce based on the fact of adultery requires the other spouse to admit to the adultery so whilst you do not strictly speaking need their consent you will need their cooperation.

You do not need the other parties consent to divorce on any of the other facts including their behaviour, desertion or once you have lived apart for five years or more.