Q: I know my husband has been having an affair for at least a year. He says he hasn’t, but says he wants a divorce because he no longer loves me and children aren’t a reason to stay together. I told him I don’t want a divorce, but he said he is going to apply for a no-fault divorce whether I want it or not. Can he do this if I don’t agree. Surely, if I can prove his affair it wouldn’t be a no-fault divorce?
A: Under no-fault divorce law, a spouse cannot prevent a divorce from going ahead solely on the basis that they do not agree. Your husband can file a sole application for divorce provided his application meets the criteria - namely that you have been married for over a year, your marriage is legally recognised in the UK, and the relationship has permanently broken down.
If your husband makes a sole application and you fail to respond within 14 days of receiving the divorce petition, he can either ask the court bailiff to serve the papers on you or apply to the court for deemed service whereby the court is asked to accept that the other party has received the petition even though they have not acknowledged it. After a 20-week reflection period your husband can apply for the first order of the divorce, the Conditional Order. After the Conditional Order has been granted, your husband six weeks and one day later can apply for a Final Order. Once the Final Order has been approved, you will be legally divorced.
The divorce process does not decide financial arrangements or children matters. These matters must be handled separately. If the divorce does go ahead then you should see a divorce solicitor as soon as possible, who can help you both with the divorce itself and consideration of financial and children matters stemming from your separation.
This question has been answered by Deon Hayward, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
