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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2778
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been separated from my ex-wife for 14 years now. I

Customer Question

I have been separated from my ex-wife for 14 years now. I had a short marriage of 3 years. I had purchased a property on a mortgage in my name before I got married, and after we separated I put the house on sale. I had GBP 40,000 of my own money invested in the property. I did manage to sell my property, but my ex-wife managed to a claim on the above GBP 40,000 as it was the marital home. This amount is now in escrow with a solicitor. She will not even come to the table to talk about a divorce. She has been contacted by email several times to ask what she wants (in terms of a settlement), but refuses to say what she wants to settle.She was living in the UK all this while, but I have now learnt that she has left the UK for good. Is there any advice you would give me to: (I) obtain a divorce from the UK courts (ii) get part or full amount from the property released from the solicitor?I want to re-marry, but until I can get my ex-wife to respond with what she wants in a settlement (which she refuses to say), I am stuck.
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. You are able to pursue a divorce in England or Wales so long as you remain resident here. You can do this under 5 year separation and do not require her consent to do this - you can see the process for divorce, along with the relevant forms here: https://www.gov.uk/divorce/overview

In relation to the proceeds of sale from the former matrimonial home, this will be more complicated. She does have an interest in the home arising out of the marriage and it is unlikely the funds will be released without this settling and a court order is made. If you can still no longer contact her to voluntarily agree this you will need to apply to court for financial relief and a court will make a decision as to what is a reasonable way forward - you can pursue this using Form A and a £255 court fee.

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 your question without a positive rating. Thank you

Expert:  Harris replied 11 months 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.

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