Can You Refuse to Sign Divorce Papers?

Going through a divorce is almost always a challenging process — especially when one spouse wishes to end the marriage more than the other. If you’ve received divorce papers and don’t agree with the decision, or have questions about what it all means, you might be wondering: Can you refuse to sign divorce papers?

The answer is a bit more nuanced than a simple yes or no. In this blog, we’ll explain how divorce works in England and Wales, what happens if one party won’t cooperate, and what your rights and options are going forward.

How Divorce Works in England and Wales

Since the introduction of no fault divorce in April 2022, the process and language around separating has changed significantly. Previously, the person applying for divorce needed to provide a reason for the breakdown. The process now follows a much simpler, less hostile, timeline; starting with the application and ending with the final order — which officially dissolves the relationship.

Here’s a simplified outline of the current process:

Divorce Application: One partner can make a sole application, or both can choose to apply jointly.
Acknowledgement of Service: The other person (the respondent) needs to confirm receipt.
Reflection Period: There is a 20-week cooldown period before you can move to the next stage. This leaves spouses with enough time to ensure they’re making the right decision and — if they do agree to proceed — gives them some space to talk about post-divorce finances and child arrangements.
Conditional Order: Formerly known as the ‘decree nisi’, the conditional order is a preliminary formal stage which indicates the court sees no reason not to formalise the divorce.
Final Order: Previously referred to as the ‘decree absolute’, the final order marks the official end of the marriage.

While, as we’ve touched upon, it is possible to keep costs and timescales down by applying jointly, much will depend upon how easily you can work together. Your solicitor might even suggest trying forms of alternative dispute resolution (ADR) to help move things along.

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Can You Refuse to Sign Divorce Papers?

So, can you refuse to sign divorce papers? Technically you can, but under the current system, this rarely prevents divorce going through. If one spouse applies solely, and the other doesn’t respond, the court can still move forward. The no-fault divorce process of 2022 is designed to prevent one party from blocking a separation by refusing to cooperate.

So, while you could choose not to sign, or even acknowledge, a divorce petition, the separation will almost always proceed in due course — even without your consent.

What Happens After a Refusal to Sign Divorce Papers?

For anyone wondering, “Can you refuse to sign divorce papers?”, the outcome won’t usually be affected then. Ultimately, your former spouse can continue the process as soon as your receipt of the application is confirmed. This might involve the use of a process server, or applying for deemed service, if there’s enough evidence that you’ve avoided communications.

Eventually, if the court is satisfied you’ve been properly notified, it can issue a conditional and then a final order without your input. Unless there’s a legal reason to decline the application — such as errors in the information provided, or disagreements over jurisdiction — delaying your response is much more likely to complicate the many challenging conversations that can come later on.

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Common Reasons A Spouse Might Refuse A Divorce

There are many reasons someone might refuse to engage with a divorce application. Commonly, the person resisting doesn’t agree that the relationship is beyond repair — and delays matters in the hope of a reconciliation. Other common reasons for a lack of cooperation include disputes over the division of assets and disagreements over where children should reside.

While these feelings are completely understandable, refusing to participate rarely helps in the long term. In fact, in most cases, not only does it not stop the divorce — it just acts to drag the process out for longer. And delays tend to make things much more stressful, time-consuming, and expensive for all parties. Especially when the matter ends up in court.

Common Reasons to Delay Applying for the Final Order in Divorce

Even if you don’t want to divorce, you still have legal rights. Therefore, although you will likely be unable to stop the process, you are still entitled to an equal say in the likes of asset division, child arrangements, and finances. These can be highly contentious subjects, so separating will be more straightforward if you can set aside ill-feeling and focus on the future.

Typical reasons to delay applying for a final order in divorce include:

Disagreement Over Financial Arrangements: If you believe that the financial proposals are unfair, your spouse is hiding assets, or that there are significant pension assets, you may want to wait until a proper financial settlement is negotiated or ordered by the court. Consider mediation if the issues are so deeply rooted that a neutral figure would be beneficial to facilitate effective communication between each other.
Needing Time: Divorce is almost always an emotional experience. As a result, some spouses need a bit more time to process what’s happening — and to seek reliable legal advice. Explaining that you need a short break to consider your position will be much easier for your ex to understand than outright refusing.

Our recommendation for anyone wondering if they can refuse to sign divorce papers is: Get legal advice early on. This should ensure you obtain guidance tailored to your best interests before making any commitments. Consulting with a family lawyer is an even bigger priority if you believe the proposed arrangements are unfair — or you feel pressured into making big decisions.

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Expert Guidance for Complex Divorces

So, the answer to “Can you refuse to sign divorce papers?” is a qualified ‘yes’. Technically, you could try to avoid the communications coming your way — but this is not advisable and highly unlikely to stop the divorce from happening altogether. Ultimately, family law is designed to ensure that both spouses have the freedom to move on when they choose. Behaving in this way may only serve to inflame matters.

Instead of resisting the inevitable, it’s usually more beneficial to engage with your ex-spouse early, understand your rights, and seek legal advice. Divorce is never easy, but with the right support, it doesn’t have to feel overwhelming.

That’s where Lowry Legal comes in. As a boutique family law firm specialising in high net worth and complex divorce cases, we offer bespoke legal advice for those navigating separation involving significant assets — from businesses and trusts, to overseas properties, and investments.

If your circumstances go beyond the ordinary, you need more than just standard legal guidance — you need an experienced partner who understands the nuances of wealth, discretion, and long-term financial protection. Lowry’s team is equipped to provide exactly that.