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Topic:
Received a petition (5 years separation) though it hasn't been 5 years (4 Posts)
Started By:
Date:
26 January, 2017 02:07PM
Received a petition (5 years separation) though it hasn't been 5 years
dron - 26 January, 2017 02:07PM
Dear All,

I hope you may be able to help.

My mother is a single mother with two young children and she is hardly getting by, she has been separated with her husband since the end of March 2012 due to being a victim of domestic and sexual violence suffered from the hands of her husband.

Though she has police reports confirming the dates of sexual and domestic violence and the letter of tenancy agreement as proof (confirming that he resided the property until April 2012).

He has applied for divorce and in the petition my mum received, he stated his case that they separated in November 2011 which isn't true. He also ticked all boxes in the financial order section including the boxes for children, though my mum doesn't believe that's fair as she was a victim of DV & SV.

My mother does not want to grant him a divorce, what are her steps now that she should do, she is absolutely shocked and petrified by all of this, plus recently her health has been getting worse! I hope I made sense and I hope you may be able to help.

Petition says to respond within 7 days.
Re: Received a petition (5 years separation) though it hasn't been 5 years
davidterry - 26 January, 2017 03:20PM
Interesting. You say that your mum has been the victim of domestic violence and that she has lived apart from her husband since March 2012 but that 'she does not want to grant him a divorce'. Why on earth not? And why has she not divorced him long before now?

If your mother wants legal advice she should seek it on her own account. It seems to me that what you say she wants and what is in her best interests may be two very different things and your mother needs proper advice about that.
Re: Received a petition (5 years separation) though it hasn't been 5 years
dron - 26 January, 2017 03:31PM
Thank you for your response David.

My mum doesn't speak English very well so she asked me to help her. The reason why she doesn't wan't to grant him a divorce is because he is being uncooperative with helping their child, he is preventing him from receiving any sort of nationality. This is why, so hence she wanted to delay the process. But most importantly it hasn't been 5 years of their separation yet, 5 years would only happen in end of match 2017.

Does she have any ground to cancel this petition on those grounds?

What would the best option be for her? My mum isn't financially stable as such so finding legal advice will be costly and unaffordable
Re: Received a petition (5 years separation) though it hasn't been 5 years
davidterry - 26 January, 2017 06:47PM
Even if your mother doesn't want a divorce her husband can can have a divorce anyway. No-one can compel him to remain married to your mother against. He will be able to have a divorce based on unreasonable behaviour whether they have been separated for five years or not. Almost everyone can have a divorce on that ground. Whether he will co-operate with nationality (although goodness knows how a child located here can have 'no nationality' is irrelevant to whether the marriage has broken down or not. It clearly has.
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