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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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i have been seperated from my ex wife for nearly 10 years now

Resolved Question:

i have been seperated from my ex wife for nearly 10 years now and both want a divorce we have good friendly relationship in regards ***** ***** kids there is no money, persessions or house to split how easy would it be for a divorce how much would it cost and how long would it take
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

If everything is as straightforward as you say, and you both want a divorce, agree about the kids & no money or property to divide, then it will take about 6 months (maybe less - it varies from one court to another) from the moment that the court office receives the petition until the decree absolute is granted.

You can base your divorce petition either on the fact that you have been separated from over 2 years and your wife consents to a divorce, or on the fact that you have been separated for over 5 years, regardless of whether or not your wife consents - but whichever you choose, your wife will need to complete & sign the acknowledement form that is sent to her with the divorce petition by the court. This is the proof that she has received the divorce petition, and without proof of service, your divorce won't be able to proceed.

The procedure is as follows:

1. File your divorce petition at court with 2 copies plus court fee of £410 plus certified copy of marriage certificate (if lost, you can get another copy from the registry office where your marriage was registered).

2. The court sends one sealed copy plus acknowledgement of service form to your wife, one sealed copy back to you, & keeps one copy on the court file.

3. Your wife completes & returns the acknowledgement of service form back to court.

4. The court sends you a copy of the acknowledgement of service form. You can then apply for the decree nisi. The court will set a date for the decree nisi to be pronounced at court. If all is agreed, no need for either of you to attend court.

5. 6 weeks and 1 day after the date of the decree nisi, you can apply for the decree absolute.

Here's the blank divorce petition to start you off:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d008-eng.pdf

I hope this helps and I wish you the best of luck.

Thanks and best wishes....
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