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History: Home UK Divorce Forum
Advise required, (5 Posts)
Started By:
20 January, 2017 04:21PM
Advise required,
oldenoughtoknowbetter - 20 January, 2017 04:21PM
I am about file for a divorce that my wife says she will contest and I’m looking for advice on what constitutes to “lived apart for a continuous period of a least five years”

I took a new job in another part of the country six years ago with the intent that my wife would join me, she then decided that she wouldn’t be once I put my notice in at work. I still took the job alone and made regular journeys back on alternative weekends and we muddled on that way for a couple of years but grew further apart.

I have decided that I’m settled in my new location and need to move on with my life with someone new, do I stand much of a chance of using this reason on my petition.

Many thanks,

Re: Advise required,
Andyk - 20 January, 2017 06:46PM
Use unreasonable behaviour then you don't rely on her to provide her consent. She can't contest but she would be a fool, get a solicitor to word a petition for you and you should be home and dry.
Re: Advise required,
oldenoughtoknowbetter - 23 January, 2017 06:44AM
Thanks for the advice.
Do you think unreasonable behaviour is more reliable than 5 years separation? - I have been going home some weekends, to see family in the last six years -not sure what the implications are of that?
Thanks again
Re: Advise required,
Andyk - 23 January, 2017 08:19AM
Well neither of them you need her permission for but if there is any ambiguity over the 5 years thing that she could raise, it may well put a spanner in the works and prove costly.
Re: Advise required,
davidterry - 23 January, 2017 07:08PM
If you have been staying at the matrimonial home during these visits home you will find it difficult to sustain a divorce based on five years' separation. The safer option by far in these circumstances is to petition for divorce on the grounds of unreasonable behaviour of which you have already given one example.
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