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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
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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Hi I Applied for a divorce back in 2011, after 2 years of

Customer Question

Hi
I Applied for a divorce back in 2011, after 2 years of separation, my ex-wife didn't agreed, so, is now 2014, 4 and half years after I moved out and have not contact with her, and the court is not allowing me the divorce neither apply for a new petition, what can I do?

Thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Will your ex now agree to a divorce?
when will you have been living apart for five years?
Clare
Customer: replied 2 years ago.

Hi Clare


Thanks for your reply


I moved from the family home back in June 2009, will never be agreed, she is Christian and she said that God doesn't allow it,


so, she will remind married to me and I can never get married again as she doesn't want me to sin.

Customer: replied 2 years ago.

By beginning of August of this year/2014 will be 5 years. She responded to the court that she wasn't agreed with the date when I moved out, she said that although I moved out of the house back in 2009 were still seen each other, which is untruth, the only reason I keep seen her was because had to collect my son as he was only 7 years old, so, she would call me to tell me where I could pick him up from. I think living apart and not wanting to be with the other person is enough reason to get divorce after 2 years, don't know why the court don't see that. I really want to end this sad history which is been stressing me up, not allowing me to be happy in my present relation, just because she is having pleasure from my suffering, even more she had put my son against me, telling him things that as adults only concern to us, getting to the stage that he doesn't want to go or come to my house to spend time with me, and this really is killing me slowly, this is my suffering and I don't know what to do, no one seems to understand and don't get any help or advice. Please help me, I'm desperately.


 


Thanks


 


Alf C

Expert:  Clare replied 2 years ago.
Hi
The grounds for divorce are very specific and must be proved.
The two year separation ground needs the consent of the other party - without that consent there is no divorce.
Your only way forward is to either apply to amend the petition or to have the priinal petition dismissed and start again
You can wait until August and go ahead on the basis that you have lived part for five years, when there can be no defence; or go ahead immediately based on her Unreasonable Behaviour.
Frankly I would suggest waiting
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks Clare, this is giving me a more clear picture of what to do next. I think I will make an amedment request to change the date of been apart as she already agreed toJune/2010 and apply on the grounds of the 2 years separation , rather than the 5 years as the court won't allow it until August/ 15, unless I chalenge and prove the fact tha I truthly end the relation back in June/09, and I'm not prepare to wait any longer to get divorced.


 


My last question if you don't mind, would be what do I need to do to or how do I get this amendment request petition from the court. I will really apreciate you advice. Thanks....kind regards XXXXX

Expert:  Clare replied 2 years ago.
Hi
Has your ex said she will agree to a divorce if you change the date?
Clare
Customer: replied 2 years ago.

Well, she already told the court by felling a form and signig it, don't think She can't change her mind now, don' t think the court will sllow her to move another year, don't


you think so?

Expert:  Clare replied 2 years ago.
Hi
I am sorry but she can.
You will need to amend the papers and re-serve them on her and if she does not consent to the divorce then you will not be able to progress.
Before you do anything at all write her a polite letter asking if she will now Consent to a divorce based on the fact that you have lived apart since June 2010 - and if she does ask her to sign a copy of the letter and return it to you.
THEN you can go ahead
Clare
Customer: replied 2 years ago.

I don't understand how she can force me to be married to her. I have proof tha I live somewhere else and also I have a new partner with whom I've been living together for 4 years, wouldn' t the court understand tha I don' t want to be married to my exwife, and deserve to be happy with someone else? as well as she has the the same rights to be free to do whatever she wants. Could you please explain this to me. Thanks.

Expert:  Clare replied 2 years ago.
Hi
The grounds on which a divorce can be granted are very specific - I no longer wish to live my ex is not one of them.
There are five grounds all described in some detail here
https://www.gov.uk/divorce/grounds-for-divorce
A Petition has to be based on one of those.
The two year separation ground requires the specific agreement of the other party to a divorce.
If that is not given then you have to wait until you have lived apart for Five years at which point there can be no defence.
In your case you would have the benefit of her having confirmed that you separated in June 2010
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Clare, much appreciated.

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well when the time comes
Clare

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