(Should be) a simple divorce...

WilliamS2018

Hi! Simple quandary here!

My girlfriend and I wish to marry in the future, but the snag is she's still married to her ex, whom she's had no contact with for more than a decade after she left him. We know the gentleman's address as it's publicly available but money is tight. So...what's our options?

TIA

SandraX

As you know where he lives, easier to contact him or evidence of this as there is no automatic divorce in the UK is what I was told. It is cheaper as well I was told.

Other option and I'm being serious, Crowdfunding, please give it a thought, post honestly as I know you will and you may be surprised by the wellwishers.

Good luck to both of you.
x

SandraX

I hope this is of help as well.

https://forums.moneysavingexpert.com/discussion/5929118/diy-divorce

WilliamS2018

Thanks so much, that's super helpful!
We did the fee exemption calculator and the news is very good! A DiY divorce seems the best option from what little we understand.

What would we need to do, step by step, to get the divorce sorted? Please treat me like a total novice and help me out with bullet points! :rotfl:

Mojisola

Lots of useful advice here - https://www.wikivorce.com/divorce/

Rubik

WilliamS2018 wrote: »

Thanks so much, that's super helpful!
We did the fee exemption calculator and the news is very good! A DiY divorce seems the best option from what little we understand.

What would we need to do, step by step, to get the divorce sorted? Please treat me like a total novice and help me out with bullet points! :rotfl:

1 - locate her marriage certificate
2 - complete the online petition at Gov.uk - as she#s been separated for so long, she can use 5 years separation as he fact (no consent is required from the respondent)
3 - once the respondent has returned his paperwork, apply for the decree Nisi
4 - if they own any property together or have any joint assets then a financial consent order will be required to set out the financial division. Even if the don;t ahve anything, it's worth obtaining a simple clean break consent order to prevent either of them making any future financial claim on each other
5 - IF doing a CO, get it drawn up by a solicitor (Wikivorce do them fora bout £130) send that to court.
6 - Apply for Decree Absolute
7 - Plan and book your Wedding and live happily ever after

WilliamS2018

One more thing folks - in terms of getting him to sign the papers, would it be all-round legit to knock on his door with them rather than send them and risk him ignoring them? (quite obviously without menace!)

Rubik

WilliamS2018 wrote: »

One more thing folks - in terms of getting him to sign the papers, would it be all-round legit to knock on his door with them rather than send them and risk him ignoring them? (quite obviously without menace!)

No it would not be "all round legit" to do that. The court will post him a copy of the petition and a D10 acknowledgement of service for him to complete and return . If he doesn't return the D10 your partner will need to have either a court bailiff or a process server serve the papers to him in person. If he still doesn't respond then your partner will need to apply for deemed service (if personal service is successful) or to dispense with service (if personal service is not successful). As the fact is likely to be 5 years separation, and his consent isn't required, the judge should move to issue the decree nisi so your partner can then apply for the decree absolute after a minimum period of 6 weeks and 1 day after the date of the nisi.

SandraX

Rubik, you are very knowledgeable.

WilliamS2018

Thank you for your support and advice - I had no idea and you've enlightened me no end! Thanks so much! :T

WilliamS2018

So I have both the divorce form D8 and funding help form EX160 filled in. Question is, do I send them together to the same address or do I need to send the funding form in first?