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History: Home UK Divorce Forum
2 Year Separation With Consent (7 Posts)
Started By:
02 November, 2009 06:21PM
2 Year Separation With Consent
dspear - 02 November, 2009 06:21PM

I was hoping to find out more about the 2 year separation with consent rules.

If the 2 years is up and the wife or husband then withdraws consent does it automatically slip into the 5 year rule?

E.g. if the 2 year sep is up 5th April 2010 and they say no on that day, are you then forced to wait 5 years?

Is the only way out then to file for divorce on grounds e.g adultery or unreasonable behavior (they have that option) if you don't want to run for 5 years?

Thank you

Edited 1 time(s). Last edit at 02/11/2009 07:11PM by dspear.
Re: 2 Year Separation With Consent
davidterry - 02 November, 2009 06:45PM
If a marriage has broken down beyond repair it is almost always possible to issue a divorce petition immediately. You do not need the permission or co-operation of your spouse and you do not need a qualifying period of separation before seeking a divorce. There are good reasons for divorce in almost all cases of marriage breakdown.

A divorce based on two years’ separation requires consent. It is plain foolish to go down that road unless one knows for certain that there will be consent. And that is only in a case where the two years have already passed. To embark on a separation hoping that in two years time there will be consent to a divorce is just silly. There is no need to take the risk. If the marriage has broken down your friend should seek a divorce now and do so on a ground which does not require the consent of his spouse.
Re: 2 Year Separation With Consent
dspear - 02 November, 2009 07:21PM
Thanks so much for your speedy reply David

It has been extremely helpful thumbs up

I will give your wonderful info to them, and perhaps suggest they call you for more help in filing.smiling smiley
Re: 2 Year Separation With Consent
davidterry - 03 November, 2009 09:40AM
Glad to be of help smiling smiley People often make the mistake of thinking they need to separate before getting a divorce because they do not have 'grounds'. There are all sorts of reasons why that is not a good idea.
Re: 2 Year Separation With Consent
dspear - 03 November, 2009 03:08PM
I must say, it is incredibily frustrating watching this unfold, when you know the other party is going to say no at the end of it, and my friend still believes she will do the right thing and honour her agreement. Call it women's intuition winking smiley

There is a house involved, no children, and she is going to any lengths to keep hold of the house, playing for time, the reason I feel why the consent will be withdrawn at the end of 2 years, so she can remain in the house for a further 3 years.

I must urge him to reconsider his position now due to your expert feedback.

Thanks so much smiling smiley
Re: 2 Year Separation With Consent
davidterry - 03 November, 2009 03:23PM
I cannot tell you how many times I have seen this happen. I would suggest your friend reads


There are serious risks in what he seems intent on doing.
Re: 2 Year Separation With Consent
dspear - 04 November, 2009 08:35AM
Thank you again David, I had thought this may be the case. smiling smiley
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