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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34121
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 and her husband separated 28 years ago, and we

Customer Question

My partner and her husband separated 28 years ago, and we got together now we want to get married, how does she go about getting a divorce ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Doe she have the marriage certificate and does she know where her ex is?

Customer: replied 1 year ago.
she does still have the certificate, and n she doesn't know where he is.
Customer: replied 1 year ago.
she does still have the certificate and no she does not know where he is or even if he is still alive.
Expert:  Clare replied 1 year ago.

Your partner will need to contact other members of his family - and indeed instruct an Enquiry Agent (about £100) to try and find him.

She can then issue a Divorce Petition based on the fact that they have lived apart for more than five years

Details here

https://www.gov.uk/divorce/file-for-divorce

If she has an address it would be sensible to ask the Court for the papers to be returned to her for service - and to get the Agent to serve him personally.

If she does not have an address then she can use this form to ask for permission to go ahead anyway

http://www.jordanpublishing.co.uk/system/redactor_assets/documents/777/D13B.pdf

More details here

https://www.gov.uk/divorce-missing-husband-wife

I hope that this is of assistance - please ask if you need further details