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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33304
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I want to start divorce proceedings against my wife who

Customer Question

Hi, I want to start divorce proceedings against my wife who lives in Ireland. I have read the info on here; https://www.gov.uk/divorce/overview. We are seperated 4 years on July 13th this year. Can she refuse/object to the divorce? I cant see her coming over to a court hearing in the UK and there is a possibility she wont respond at all. Are there any time constraints that could allow her to halt the proceedings? I will be applying on the grounds of not having lived together for more than 2 years.

Regards,
Pauric
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
There is no point in issuing on this ground unless you are certain that your ex will respond and agree to the divorce - that is the only way that it will be granted as it it Two years separation PLUS consent.
Better to wait until June next year when you can issue on the grounds that you have lived apart for five years where her consent is not required
Claire
Customer: replied 3 years ago.


oh dear! I didn't realise it was PLUS consent! Is there any other way I can proceed? She did leave the family house without agreement 3 years ago while I lived there for another 2 years. There was strong suspicion of adultery too but she denies it and would be imposible to prove.


 


We have a maintenance and access order in place from Ireland already so that wouldn't have to be touched in the UK.


 


She is applying for free legal aid in Ireland and I fear when she gets it she will fight over the slightest little thing as she knows it'll cost me. So I wanted to file from here to prevent that really.


Have I any other options open to me?


 


Regards,


Pauric

Expert:  Clare replied 3 years ago.
Hi
The only other option that you have is a Petition based on her Unreasonable Behaviour which she may well defend
Claire
Customer: replied 3 years ago.


Ok thanks Claire, that sounds like an option. How difficult is it to prove her unreasonable behaviour as a male? I have voice recordings of her being extremely abusive to me. Can she defend it from afar via letters etc or does she have to come over to the Uk court to defend it? Can she delay it?


 


Regards,


Pauric

Expert:  Clare replied 3 years ago.
Hi
Unreasonable Behaviour is only difficult to prove if the other part defends it - and to start with she can do that via a written defence and cause you considerable expense and delay without setting foot in the UK
Claire

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