If youve lived apart for at least 5 years and your partner doesnt agree to the divorce. You wont need your ex-partners agreement to get a divorce if youve been separated and living totally separate lives for at least 5 years.

What happens if my husband doesnt agree to divorce?

A defended divorce is the title given to a situation where one party does not agree to a divorce. If you are the “Petitioner” (the person asking for a divorce), your solicitor will issue a divorce petition to your former partner who is referred to as the “Respondent”. It falls to the Petitioner to prove these claims.