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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have separated from my wife and have moved back to the UK.

Customer Question

I have separated from my wife and have moved back to the UK. She lives in Africa with our 10 year old daughter. Previously we lived in the UK and had a house which we sold prior to moving to Africa. What should I be doing legally to finalise a divorce?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you now in England or Wales?

-How long have you been back and do you intend to stay here permanently?

-Where did you marry and is the marriage legally recognised?

-How long have you been married for?

Customer: replied 1 year ago.
HI,
In reply to your request;
I now live in Wales
I have been back for 22 months
We were married at Bristol registry office UK
I've been married for 8 yearsThank you
Expert:  Harris replied 1 year ago.

Thank you for confirming. As you have returned for 22 months you can pursue a divorce in England and Wales. The grounds that you can rely on are unreasonable behaviour, 2 years separation (she has to agree to this), adultery (she has to admit to it), 2 years desertion by her or 5 years separation. If you think any of these grounds are appropriate you will need to complete a divorce petition and pay a court fee of £550. Once the divorce petition is issue, a copy is sent to her by the court (or you can request it be sent to you to serve on her) and once it is confirmed that she has received it and is not defending the divorce you can proceed with the next stage which is an application for Decree Nisi - this is where the court decides if grounds are met for a divorce. If the Decree Nisi is granted you will have to wait 6 weeks before you can apply for the Decree Absolute (the final order of Divorce).

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.