Divorce
Ending the marriage- the process to decree absolute
Financial issues in divorce- ancillary relief
Divorce and Pensions
Children
Divorce advice for men
Divorce for non residents
DIY divorces
Costs
Timescale - quick divorce or not
Wills & divorce
Legal Aid
Injunctions





 

 

 

 

 

 

 

 

 

 

Miscellaneous
Prenuptial Agreements
Cohabitees
Judicial Separation
Changing surnames
Civil partnerships


Contact
Contact


Legal Stuff
Disclaimer
This is a UK based forum about divorce and related issues. Feel free to contribute. Your experiences or opinions may help others. The links on the left lead to basic information about most common divorce questions. The information opens in a separate window. You can use the search function to search the forum.
User: Log In Create A New Profile
Actions: New Topic Print View RSS
Search
History: Home UK Divorce Forum
Topic:
Advise required, (5 Posts)
Started By:
Date:
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,

D
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
D
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.
Goto Topic: Previous Next

Sorry, only registered users may post in this forum.