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Seeking advice - Been sparated from my wife for 5 years, and about to file for divorce on those grounds. However, apparently it wont happen unless she gives her 'consent'. What's the point of the 5 year wait condition, if at the end of that time it can still hinge on whether she says ok or not?
I did try to sort this after the first year, but she literally buried her head in the sand and didn't reply to any letters from me or a solicitor. If after this amount of timeshe doesn't give her 'consent', am I skuppered?
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If a marriage has irretrievably broken down and the parties have lived apart for a continuous period of five years then either party may seek to obtain a divorce regardless of whether the other party consents or not. It would be obviously wrong for one of the parties to a marriage to be able to keep alive the empty shell of a marriage after such a long period of living apart if the other wanted to bring the marriage to an end by divorce. Very frequently, of course, the reason why a divorce is desired at all is to enable remarriage and this cannot happen until the first marriage has been formally brought to an end. Unfortunately, such a lack of consent does sometimes arise and so this ground of divorce is necessary as a ground of last resort. Sometimes people refuse to give their consent for religious reasons and sometimes it is just to be difficult. If there were no remedy in this situation it would cause great unhappiness. As it is, the period of five years may be thought much too long by many.
From: http://www.terry.co.uk/divorce3.html
Wilbury, I thought the 5 year period was so you could, regardless of whether she consents or not, get divorced.
My Ex tried that tactic so I sued her after a year.
After 5 years I think your application should just be rubber stamped.
Good luck.
You can get the forms on-line, along with guidance notes on how to complete them.
Good luck TRW.
Wilkie - how straight forward was it? Going to be going through it this year and don;t really want solicitors as all the money is being sorted with the house being sold (no kids) so just a case of each of us getting single again.
It's quite simple, BDB.
You can get info and forms here.
You follow the guidance given in the notes, fill in the form and send it to the court (with the fee, natch!). Mine was for separation of two years, so the papers were also sent by the court to my (soon to be ex)husband.
I then had to fill in another form, with yet more information (I don't know why it doesn't all go on one form in the first place).
A decree nisi is issued if the court agrees your petition. You then have to wait six weeks before you can apply for the decree absolute, then you're single again!
It's not complicated, and mine took abour four months in total.
Thanks Wilkie. Sounds fairly straight forward.
Will need to get cracking with it I guess.
All sounds like a plan!
Birds of a feather Coops?
I had a weekend in Brighton! Got very, very drunk on the Friday, Saturday was spent getting muddy on quad bikes and grass karts, Saturday night drunk again then Sunday paintballing. Was fairly sedate really.
Maybe to celebrate my singledom, another weekend in Brighton with a saucy maiden. Any takers?
I had an Anne Summers party to celebrate my divorce.
Drank waaaaay to much and bought inappropriate underwear
We could have a joint party when our divorces come through BDB!
have a feeling though my ex is gonna drag it out.....
he's already said he's gonna keep my solicitor waiting!
Thanks for all the info (and ways to celebrate!) Reason ex gives is 'once married always married' on religious grounds. The fact that I was a divorcee before marrying her didn't matter then!
It's just that my future Mother-In-Law is poorly with cancer, and wants to see her only daughter get married.
I've kept a note of where to get the forms etc, and will investigate further.
Thanks again.
I rang Newcastle courts for a copy of my decree absolute about 9yrs ago to be told "Im afraid your wife didn't file for absolute, your still married"
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<THUD>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
She said that she went on holiday and just forgot. If it had been file for a bag of money she wouldn't have bliddy forgot 
I thought I was divorced in 96, so I rang wife up to tell her the good news
I went to the local courts to get papers to file for absolute, filled them all in<<Bliddy triplicate>>and then rang wife again to tell her I had the papers and woud send them in to local court. Her answer was "OH I FORGOT TO TELL YOU IV'E ALREADY DONE IT"
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<THUD>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Bliddy women eh !!!!!
I got divorced in 2001 and we did it ourselves using papers we got from the court. We had actually split up in 1998 so waited for the 2 years with consent option. We had a very amicable split up, we had already divided up our possessions and the house was sold, no children. In fact we sat together in my Mum's conservatory filling in the papers together. One of us had to be respondent and the other petitioner and then just submitted the papers to the court with the fee. Easy peasy.
All sounds easy really - haven't looked at the forms yet though. Getting the house emptied etc is the priority at the moment. Should all complete 29th Feb!
I'd like to get it all wrapped up this year. We've been living apart for a year and no way of getting back together - although it's only a year hope it;s not going to cause problem.
AL - party sounds good
. You're ex sounds like such a helpful chap though. Hope he comes to his senses and does the decent thing.
That would just be too weird for me Sezz!
In all honesty, I don't think I'll be celebrating. Would feel a bit flippant marking the end of the most important part of my life so far combined with the most painful part with a party. But I'm a sentimental sucker.
I don't mean that as a judgement on anyone who does celebrate though. Everyone handles these things in the way that's best for them.
BDB, if you want a divorce in less that two years you have to do it on the grounds of adultery, or unreasonable behaviour.
If your (ex) wife has not taken up with another partner, nor beat you up or somehting else the court might see as unreasonable, then either she can divorce you for adultery, or you have to wait for the two years of separation.
However - separation does not have to mean living in separate houses. If, for example, you couldn't afford to move out until the house was sold, but lived seperately (ie. separate bodrooms, each did your own cooking, laundry, etc), the court will count that time as part of the two years.
Thanks Wilkie.
Seems odd that it's in terms of the law and damages etc it's no blame, but you have to pick one out. But if we have too, I'm not the one taking the wrap!