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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 has been separated from her husband 14

Customer Question

My partner has been separated from her husband for over 14 years, and now is going to be submitting an application for a divorce.
1. However, she has no idea of his current address although she knows he is still alive. How does she proceed?
2. On her marriage certificate her middle name has been spelt incorrectly. It should have read Jayne but has been written as Jane. Does this make the marriage certificate invalid, and if so, does she still need to apply for a divorce. If it is still valid, what does she need to do to show her correct spelling on the divorce petition?
3. Are there any additional forms she needs to complete in order for this divorce petition to proceed?
4. She is current receiving Working Tax Credits. Is she eligible for help with the court costs?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWhat steps has your partner taken to trace her ex?
Customer: replied 1 year ago.

None as the marriage is in complete melt down and there has been absolutely no contact since there split over 15 years ago

Expert:  Clare replied 1 year ago.
I am just in a meeting at the moment but will respond soon. Sorry for the inconvenience.
Expert:  Clare replied 1 year ago.
My apologies for the delay1.The starting point is that your ex need sto take positive steps to try an dtrace her ex.This should include making contact with family members and instructing an Enquiry Agent to try and trace him If he still cannot be found then she will have to ask the court for permission to proceed with a divorce basedon the fact that they have lived apart for more than five years.She can read more about Divorce petitions herehttps://www.gov.uk/divorce/file-for-divorceand the extra form she will need is herehttp://www.jordanpublishing.co.uk/system/uploads/attachments/0002/0951/D13B.pdf2. Your partner is still legally married. She should deal with the issue of the misspelling the first time she gives her name on the petitionby saying xxx Jayne xxx erroneously described on the Marriage Certificate as xxx Jane xxx3 and 4. Your partner is eligible for remission of court fees and the form is herehttp://www.stepchange.org/Portals/0/Clients/EX160_form.pdfI hope that this is of assistance - please ask if you need further details