At present, husbands and wives are able to challenge an application for divorce that has been initiated by their spouse.
That will no longer be the case when the changes come into effect a few months from now in what is the most radical shake-up of British divorce laws in half a century.
Other changes include removing the need to find fault as grounds for a divorce and introducing a minimum six month timeframe before a divorce can be granted.
At present, spouses must show evidence of “unreasonable behaviour” in order to be granted a divorce. If they are unable to do this, they must wait several years before qualifying for a divorce, conditions which will now be scrapped.
The Government said the changes were being introduced to help reduce levels of conflict between parents experiencing relationship breakdown and the subsequent damage that can be caused to children.
It also claimed that “marriages are not saved by the ability of one spouse to ‘contest’ a divorce in court” and that this provision in the current law was “known to be misused by abusers choosing to contest a divorce purely to continue their coercive and controlling behaviour”.
Mr Gauke said: “Hostility and conflict between parents leave their mark on children and can damage their life chances.