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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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How do you have to be separated in England before the other

Resolved Question:

How long do you have to be separated in England before the other party can´t contest the divorce? My daughter is separated from her husband for two years now. So far he refused to sign any papers of her solicitor despite living with another woman and having a child with her. Thank you for your help. Elisabeth
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. She would require his consent to apply for divorce under 2 year separation, however she can immediately apply under the fact of unreasonable behaviour based on his new cohabitation amd relationship - she does not need a minimum amount of separation or his consent to do this. He will be entitled to defendthe divorce but will only be successful if he can prove the marriage has not broken down, which is unlikely based on his new relationship.

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