Law
What If My Spouse Changes Their Mind or Refuses Mutual Divorce?
By Divorce Setu Editorial Team · Updated · 5 min read
Quick answer
If your spouse changes their mind, the mutual divorce cannot go ahead, because consent must exist until the decree is passed. Either spouse can withdraw consent before then. You are not barred from divorce, though. You can try mediation or settlement, send a legal notice, or file a contested divorce on a legal ground.
Mutual divorce works only while both spouses agree. If your spouse has second thoughts, stops responding, or refuses to sign, the process cannot simply continue. This guide explains the legal position and what you can do.
Can a spouse withdraw consent?
Yes. In Sureshta Devi v. Om Prakash (1991), the Supreme Court held that consent must be present not only when the petition is filed but also when the court passes the decree. That means either spouse can withdraw consent at any point before the decree, including between the first and second motion.
What happens if consent is withdrawn?
- The court cannot pass a mutual consent decree without consent from both.
- The joint petition generally cannot proceed and may be dismissed.
- You are not permanently barred from divorce. You can choose another route, described below.
- If consent was given because of force, fraud or pressure, the court can refuse the petition, and you should tell your lawyer.
Options if your spouse will not agree
1. Talk and settle first
Often a spouse backs out over money, custody or emotions rather than the divorce itself. Mediation, or a lawyer-led discussion of the settlement, can rebuild agreement. Court-referred mediation is available in many family courts.
2. Send a formal legal notice
A lawyer-drafted notice puts your position in writing and often prompts a response. It is not mandatory for divorce, but it can restart a stalled conversation. Read when to send a legal notice before divorce, or send a legal notice through a lawyer.
3. File a contested divorce
If agreement is not possible, you can file a contested petition under Section 13 on a legally recognised ground, such as cruelty or desertion. This must be proved in court and can take years. See mutual vs contested divorce.
4. Wait, if separation is recent
Sometimes the practical choice is to wait a few months, especially if the disagreement is fresh. A stable period apart can change positions.
How to reduce the risk of a spouse backing out
- Put the settlement in writing in clear terms before filing.
- Be transparent about money. Suspicion about assets is a common reason people withdraw.
- Keep discussions respectful and involve lawyers rather than relatives.
- Move steadily. Long gaps between steps give room for second thoughts.
Not sure where you stand? Talk to a lawyer about your options, or read the step-by-step process.
Frequently asked questions
- Can my spouse withdraw consent after the first motion?
- Yes. Consent must continue until the decree, so either spouse can withdraw at any time before the court passes it.
- Can a court force a spouse to give a mutual divorce?
- No. Mutual divorce needs both spouses' consent. If one refuses, the alternative is a contested divorce on a legal ground.
- What if my spouse stops attending court hearings?
- Both spouses must appear for the motions. If one stops attending, the petition cannot move forward, and your lawyer will advise on the next step.