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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partner was married 18 years ago, but she took off 3 months

Resolved Question:

My partner was married 18 years ago, but she took off 3 months into the marriage and we have no idea where she is currently. 12 years ago we attempted to file for divorce so we could get married and they struggled to find a record of the marriage. It came to light that his surname was incorrectly spell on the marriage certificate which was why the marriage could not be found. We were advised by solicitor that in order to file a divorce this information needed to be amended. Which we did and now the registry office holds an amended record with the name change, unfortunately we were unable to complete the process due to financial issues at the time. Fast forward to today he is still not divorced, she is still no where to be seen, the online marriage records still do not reflect the amendment and I'm wondering if we even need to go through divorce proceedings.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Yes you do need to obtain a divorce if your partner ever wishes to marry again
Do you have a copy of the Marriage Certificate?
Clare
Customer: replied 3 years ago.

Yes we do

Customer: replied 3 years ago.

Thank you for your assistance by the way Smile

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
Your partner can apply for a Divorce based on the fact that they have lived apart for more than five years
The process is described here
https://www.gov.uk/divorce/file-for-divorce
Do NOt panic about his ex's address.
He needs to do his best to trace her - and the easiest way is usually to pay an Enquiry Agent - cost about £90 or so
If he gets the address well and good - and if not then he can apply to the court for permission to go ahead without serving her - using the form here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d013b-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Thank you for your answer. Just to clarify and since it has not been mentioned in your response, does the fact that the name was incorrect not come into the matter since an amendment was made? Also why have the electronic records been changed to reflect this amendment ?
Many thanks
Expert:  Clare replied 3 years ago.
Hi
The misspelling of the name is XXXXX XXXXX - and frankly could have been dealt with at the time he first wanted to divorce his ex without the delay!
The Electronic record you refer to is probably simply based on the earlier records
Clare
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