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What If My Partner Does Not Agree to Divorce?

July 30 2018

Divorce can be an incredibly heart breaking and stressful process. More often than not, divorces are long, gruelling procedures that can take their toll on a person’s physical and emotional wellbeing – leaving tiredness from stressful, restless nights and quite often, episodes of severe low mood and depression. They are never easy going for the average British person.

Choosing to leave your spouse can be a courageous decision – filing for divorce against the person you once loved can not only be upsetting for yourself, but those around you too, such as children.

The worst-case scenario when choosing to file for divorce, is your partner refusing to agree to the legalities. Without the consent of the spouse, the divorce can face many difficulties and possibly fail. Circumstances in which the Judge will consider a one-sided divorce is if adultery has occurred, unreasonable behaviour such as abuse of any kind, desertion, irresponsible with finances etc. or if the pair have been living apart for more than five years.

If none of these have occurred, the law will struggle to support a one-sided divorce.

Recently, a lady from Worcestershire was denied divorce to her husband after he did not agree to the divorce and said that his wife simply grew “bored” of their marriage. The couple had been living apart since February 2015 however, this was not a long enough period to be considered. You can read more about this case here.

Grahame Stowe-Bateson are a soliciting firm based in Leeds and the surrounding areas. We provide legal advice and representation in a variety of legal areas. From divorce and separation to wills and probate. To get in touch with a legal professional please call 0113 246 8163 or contact us here.



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