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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 855
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have now been separated from my wife just over 4 years

Customer Question

Hello, I have now been separated from my wife just over 4 years can I now therefore apply for a divorce on the 5 year separation rule? if not can you advise accordingly? Kind regards James
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello James

Welcome to Just Answer

I am a Solicitor and will assist you.

Unfortunately you are not yet going to be able to apply for divorce on the grounds of 5 years separation if you have only been separated for 4 years.

You would have to wait for the 5 years to be reached before you can petition for divorce on this basis.

Alternatives for you are as follows:-

1) petition on the grounds of two years separation - please note for this ground - your wife's consent would be required - and she could choose to withdraw this consent at any point

2) petition on the grounds of unreasonable behavior

Kind Regards

Caroline

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Customer: replied 1 year ago.

Once the 5 year period is up does this mean that I will be granted a divorce or can there be further issues that may prevent a delay in the divorce application?

Expert:  ukfamilysolicitor replied 1 year ago.

Hello

If you petition after 5 years these are the possible delays that could happen:

1) your wife contests - she would have to dispute the date of separation

2) your wife doesnt respond to your divorce petition - if this happens - then you would need to have her personally served with a copy of the divorce papers. This would cost about £70 if you instruct a private process server - and can usually be done in a few days so should'nt delay matters much.

Kind Regards

Caroline

Customer: replied 1 year ago.

I split up with my wife on 13/01/2012 I immediately moved into my daughters flat on a temporary basis whilst I looked to move into a permanent rented accommodation. I then officially moved into my new rented address on the 9/11/2012. Whilst I was living with my daughter all my post was still going to my marital home where my wife is living can I therefore be able to use the date of our separation as 13/01/2012 or when I officially moved into my own rented accommodation on 09/11/2012 as the start of the 5 year separation date? Kind regards

Expert:  ukfamilysolicitor replied 1 year ago.

Hello

You should use the date of separation - which you have described as the 13.01.12. It appears that you daughter can confirm this if needed.

Kind Regards

Caroline

Customer: replied 1 year ago.

Thankyou for your speedy reply. Regards ***** ***** 5 year separation rule do I have to use a mediator to enable me to apply for my divorce petition once the 5 years are up?

Expert:  ukfamilysolicitor replied 1 year ago.

Hello

You dont need a mediator for divorce.

If there are matrimonial assets that need to be divided then mediation is a good way to help try and resolve division of those assets without the need for coourt.

Kind Regards

Caroline

Customer: replied 1 year ago.

Hi have been attending mediation recently, however i have just been informed from my my mediator that my wife has said something to him that he is unable disclose to me exactly what, that he is unable to continue mediating on my behalf due to information received from my wife.

I have no idea what this might be.My next move is to apply for divorce proceedings in Jan 2017 on the 5 year separation point, can you advise me what the exact process is based on the above.

Kind regards

James

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