5 Year separation divorce

sacha28

Phew! Thank you bagpuss, had a mini panic then!

WillowCat

Spousal maintenance - 99.9% No. Perhaps a nominal order which judges like to see, normally about a pound a year. This would enable her to go back to court if he suddenly got a £80k+ a year job. This would normally end when child is 18/leaves education. Spousal maintenance is based on both a need, and an ability to pay. On his salary your partner does not have the ability to pay, and on current benefit entitlement she would not have a need.

My ex and I were 425 miles apart. I had to issue an application for an interim hearing to move the hearings from his local court. I requested a court approximately mid way between us and the judge agreed. It may be because your partner's ex has young children the judge would be more inclined to have the hearings closer to her location. Unfortunately each application (outside the main application) has an additional cost, however if your partner makes the main application then he would do so at his local court and it would be up to her to either issue the application (and pay) to move the hearings or to travel to the hearings.

sacha28

:oThank you all so much for your help, as you can tell, I have no experience of this whatsoever!

This is sounding more daunting than I thought, I didn't realise he would actually have to go to court! I genuinely believed the papers were served, signed and that was it, no need to actually set foot inside a court

As an aside, why would a court favour her location to his? He also has a young child......<just musing>

WillowCat

For the divorce itself it is very unusual to have to go to court - it only happens if the other party attempts to defend the divorce which is very expensive and very unwise.

For the finances, if they cannot agree between them with or without mediation then he will have to go to court to get an order. It's normally three hearings (though I'm about to go to my sixth) to get a judge to give an order, though most cases settle before that.

The childcare element on court location would depend on how well each side puts their case on whether they can travel to court. Does she have partner/family who could care for them during her absence?

Floxxie

So they were married less than a year, and living together for how long? There is a child, but no assets?

I would be going for a clean break (not agreeing to the £1 nominal spousal maintenance) and both agreeing to accept nothing from the marriage (I understand there was nothing to divide?)

It doesn't need to be complicated OP as others have pointed out, but if you are trying to divorce a difficult person, they can make it expensive.

Wikivorce is the site to head for (as others have already mentioned)

sacha28

That's correct....married less than a year (just), living together for approx 3 years in a flat that was owned by her parents before, and during, the marriage. One child, 2 other children that he took on as his own and who called him daddy but has not been allowed to see since the day she told him to leave (which makes him very sad still). Aside from their daughter they literally have nothing between them.