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is there a simple guide to seperation divorce out there?
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zzzLazyDaisy wrote: »
You then file your petition at court (or rather your solicitor does). In theory he can contest the divorce but in reality this is the province of only the most wealthy people because it is horrendously expensive, there is no legal aid for contesting a divorce, and in general the courts take the view that if a party to a marriage is saying it has irretrievably broken down, then it has broken down.
Daisy
I just wanted to clarify this point Daisy as my partner wants to divorce and has been separated for over 2 years but his wife says there is no point as she won't sign the divorce papers!! Are you saying that the OP (and my partner) can divorce and the other party doesn't necessarily have to agree??0 -
Loobysaver wrote: »I just wanted to clarify this point Daisy as my partner wants to divorce and has been separated for over 2 years but his wife says there is no point as she won't sign the divorce papers!! Are you saying that the OP (and my partner) can divorce and the other party doesn't necessarily have to agree??
There has to be some agreement with both parties about the grounds for divorce unless there has been a 5yr separation.
What is her reason for refusing to sign the papers....is it finacial issues?0 -
im in the process of divorce too, it was fairly easy for me as when hubby lef he said he didnt want to divorce and give him time and he will be back. no problems in the marrage at all he had a midlife crisis and still is by the sounds of things.
6 weeks after he left he had moved in with someone else so to me that was final. he had divorce papers on new years eve and was adamant he wasnt commiting adultry as he didnt live with me anymore lol. he refused to sign the first set of papers lying to me and my solicitor and the courts about it. now he has finally admited it and has agreed to pay my fees :eek:
he is now engaged to IT and has been since before xmas hasnt seen our dd who is 11 since xmas either.
oh well his loss not mine:D
good luck xx0 -
mackemdave wrote: »There has to be some agreement with both parties about the grounds for divorce unless there has been a 5yr separation.
What is her reason for refusing to sign the papers....is it finacial issues?
She is refusing to sign as she is trying to make my partners life difficult. There is very little finance involved as they sold their property at a loss and now are both living in their own rented accomodation. I think it is more to do with the fact that she thinks that my partner and I will rush off and get married so she is trying to prevent that. (not that we have any intentions of doing so!!)0 -
Loobysaver wrote: »I just wanted to clarify this point Daisy as my partner wants to divorce and has been separated for over 2 years but his wife says there is no point as she won't sign the divorce papers!! Are you saying that the OP (and my partner) can divorce and the other party doesn't necessarily have to agree??
If he is going for divorce on the grounds of two years separation, then yes she does have to agree, as that one is a mutual divorce.
So if she isn't going to agree, he will either have to wait five years when he can then get a divorce without her agreement, or, he will have to go down the 'fault' route and divorce her for adultery, unreasonable behaviour, or desertion.
I'm assuming the last doesn't apply, but do be aware that the adultery grounds can be citied at any time as long as the marriage subsists. So for example, if you are living with your partner, as man and wife, she could divorce him on the grounds of adultery, and name you in the divorce, even if you didn't meet him until after he had left his wife. Maybe she'd get some satisfaction from that, and agree to set him free on that basis? But probably not... just a thought
EDIT... just to add that my friend has told his gf that he can't get a divorce as his ex is a catholic and refuses to sign the papers as she doesn't believe in divorce. In fact he is already divorced but doesn't want to admit it in case the gf starts wanting a ring on her finger! Not saying this is the case here... but just that there are two sides to most stories!I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
Re the two years it is two years with consent, so if someone doesn't agree, there is no divorce for five years.
Unreasonable behaviour can cover nearly anything and although I think I am perfectly reasonable, can think of enough things I do to fill a petition. Breathing doesn't count, but yes, going to the pub, providing no emotional or financial support, not doing a fair share around the house - of course it's easy to challenge. I say you never empty the bins, you say you do, whatever the truth, neither of us will have any proof.
You can go for judicial separation to sort out the finances beforehand, but think you would need a solicitor for that. Have to say with a child involved I would want some advice from a solicitor. Can I particularly mention to consider any pensions rights you both have?0 -
It almost makes it easier if your spouse can admit to adultery as my wife did.
I filed for divorce in October and got Decree Absolute beginning of March.0 -
Unreasonable behaviour can cover nearly anything and although I think I am perfectly reasonable, can think of enough things I do to fill a petition. Breathing doesn't count, but yes, going to the pub, providing no emotional or financial support, not doing a fair share around the house - of course it's easy to challenge. I say you never empty the bins, you say you do, whatever the truth, neither of us will have any proof.
Just to clarify - the 'unreasonable behaviour' ground is shorthand for 'the spouse has behaved in such a manner that the petitioner finds unreasonable'. In other words, if I say that I find my husband's behaviour so unreasonable that I cannot continue to live with him, so the marriage has broken down, and make a list of things that I find unreasonable - that fact can't be challenged in the real world.
This is because while there is in theory a route for contesting a divorce, it doesn't happen in practice because it costs a fortune and almost never succeeds. There is also no provision for someone to agree to the divorce, but to challenge the behaviour listed - you either agree or you don't.
Some people refuse to accept the divorce petition, and think that by refusing to sign the papers they can block the divorce. That isn't true - it takes a little longer but eventually a process server (bailiff) will deliver the papers and sign a form to say so, and that will be sufficient to allow the divorce to proceed.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0
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