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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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Hello My wife and I are splitting up after 21 years. I need

Resolved Question:

Hello
My wife and I are splitting up after 21 years. I need to ask advice about divorce...
For a quick divorce... what are the requirements?
Thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,

If you want to file a divorce petition immediately rather than waiting two years or more, the options are to base it on the other person's adultery or unreasonable behaviour.

Adultery probably needs no further explanation. Unreasonable behaviour has a fairly low threshold and can includes things like: 'has completely different interests to the other', 'works too hard and is never home', 'leads a different social life', 'has moved out', or 'has told X that she no longer loves him and wishes the marriage to be brought to an end'. Basically you need about four of that type of very short descriptions. Of course, one could wax lyrical about one's partner's shortcomings, just as one could in a marriage - but it's best to keep it short and as uncontroversial as possible, so as to achieve a divorce with the minimum of fuss.

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

Regards,
Mac.
Customer: replied 3 years ago.

Hi Mac,


 


Many thanks, XXXXX XXXXX useful... and the unreasonable behaviour route seems fairly benign...


If however, the route taken is adultery, does the third party need to be named in the proceedings and how recently must the adultery have taken place?


 


Thanks


 


Neal

Expert:  familylawexpert replied 3 years ago.
Hello Neal,

If the couple continue to live together under the same roof for six months after one partner discovers the adultery, then that partner is deemed to have 'forgiven' the adultery, and so that act of adultery is no longer available (although of course it would still be sufficient for part of an unreasonable behaviour petition). If the couple do not keep living together, then there is no deadline.

Certainly, if adultery is an option for the divorce, it is the most straightforward.

No, the third party should not be named, but instead referred to as 'a person whom the petitioner chooses not to name'. The Court's actively discourage people from naming the third party.

Hope that's helpful again.

Regards,
Mac
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