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Since the introduction of the no fault divorce, applicants no longer have to state the reasons for the breakdown of the marriage. Instead, the process has been simplified whereby the applicant only has to tick a box to say the marriage has irretrievably broken down; no further explanation is required.
Once the application has been made, your ex will be notified. They will then have to acknowledge receipt of the application and tick a box to say whether they agree with the divorce or wish to dispute it.
Unlike the previous fault-based divorce application, your ex can’t dispute the divorce simply because they do not want a divorce or to delay the process. They can only tick this box if there is a genuine legal reason to dispute the divorce- such as they are not legally married or they are not the person named in the application. They may be required to go to court to prove that their reasons are legally legitimate.
Therefore, in summary, if one person wants a divorce, it is very difficult for the other person to prevent it from happening.
Our expert Family Lawyers have offices based in Wolverhampton, Cradley Heath Sutton Coldfield and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton, Halesowen, Birmingham and beyond. If you complete our online enquiry form or call us on 01902 328 355, a member of our team will contact you for an initial discussion.