Divorce after 15 years separation

Janjel

My boyfriend is trying to get his financial affairs in order and sort out his life. He separated from his wife 15 years ago and was told by a work college that he is technically divorced and can re-marry - does anyone know if this is true and if not what he needs to do.

Also, he has a mortgage with another ex and wants his name taken off mortagage as she has defaulted but she is not co-operating at all to get his name removed - he has not lived with her for over 5 years.

Sorry if this all sounds a bit much but we need to try and get this sorted somehow as it is all affecting his credit rating etc.

thanks

Zazen999

I think he needs a solicitor.

SandC

I don't think it's as simple as that. I think a divorce after 15 years separation is not a complicated thing but it does need mutual agreement between both parties. If one party can't be found then there is a procedure to go through which obviously requires specialist advice.

As for the mortgage on the property he needs to get this sorted out. If his ex partner has defaulted the lender WILL come after him for the money owed. At this point in time he needs advice, again and has to communicate with the ex in question. This is a serious situation to be in and he must get advice quickly. His name is on the mortgage meaning he is jointly liable for the debt, doesn't matter if he hasn't set foot in the place in 5 years.

pigpen

I know he need a solicitor.. he can have a quick divorce based on the length of time they have been separated but he is still legallymarried.. and if he died she would legally be entitled to everything he owns.. including part share in the house he owns with woman #2..

Woman #2 cannot take his name off the mortgage unless she is able to take on the mortgage in her own right in which case she would remortgage in her name and if he has not paid towards the mortgage in the last 6 months he is only entitled to half of any profit that would be made had the house been sold the day he moved out (I asked my solicitor this last month).. Basically they owed £80k when he moved out and market value was then £100k he is allowed £10k of that, even if it sold today at £200k he still only would be entitled to the £10k.. My ex (KH) wants to do that too but I don't work as I have the chidren so he has to lump it. If they have no mutual dependant children he can rightly demand the house is sold.. but if there are children under 19 in full time education he cannot do a thing.. if she's defaulted it will be repossessed and they will be jointly responsible for the debt.

margaretclare

No, he's not 'technically divorced', what nonsense some people do talk. He cannot remarry without getting divorced first, that would be bigamy. If he went to remarry he would have to produce proof that he was free to remarry - that is the declaration made as part of the marriage ceremony. We had to 'register our intention to marry' and to do that, had to produce documentary evidence of our freedom to marry - I produced my first husband's death certificate and DH produced his decree absolute.

I believe that after 5 years' separation divorce is much simpler and can be done without the consent of the other party. See: http://www.lawontheweb.co.uk/basics/family.htm

HTH

paddy's_mum

It's more worrying that your boyfriend has been happily oblivious to the traps he's walking into and blissfully unaware that a problem could even exist!

If he - or you! - is willing to believe the patent nonsense that he is "technically divorced" and that stating you want out of a legally binding contract (the mortgage) is enough to just have your name wiped off the paperwork, it is no real wonder that he needs to "sort out his life". He needs to see a good solicitor, as others have already advised.

However, in my view, it is you that is in danger of being unknowingly dragged into foolish actions and possible heartbreaking consequences. Have you got someone with loads of commonsense that you can confide in to help to protect you from your own innocence and willingness to believe? It may be a wise move for you to stay out of it all and let your boyfriend sort out his own way forward.

A healthy dose of cynicism is a good thing to have while you gather a little more experience of life. Good luck.