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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33273
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Got married in 1999. We did a wedding but me and my partner

Customer Question

Got married in 1999. We did a wedding but me and my partner never lived together. We later realised that, that marriage should never have happened in the first place. we parted our ways on mutual agreement but we never got around into the divorce part. No children from the marriage or any financial tie. He went on a got a family of his own and I also got mine too. I'm now wondering weather 15 years later I'm still legal married to this guy? If yes what is the right way to go about dissolving this marriage? At the moment I have no clue where this guy lives.
Kind regards
Emily
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
To the best of your knowledge is he still in the UK?
Clare
Customer: replied 1 year ago.

Hi Clare,

I'm not too sure. He could be. Last time I heard about him was 2005.

Emily

Expert:  Clare replied 1 year ago.
Hi
Does he have family here in the UK?
Clare
Customer: replied 1 year ago.

Hi Flare. Could you

Please ask me all the things you need to know at one go. When I got to know him he did not have any family here. His family lived abroad. However he got a partner and they settled down and have children together. Me and him never lived together nor did we have children nor financial tie. Was one of those stupid things one do in life.

Regards

Emily

Expert:  Clare replied 1 year ago.
Hi
You are certainly still legally married unless there has been a divorce.
You can check to see if he has divorced you without your knowledge using the process here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d440-eng.pdf
If not then you will have to issue divorce proceedings based on the fact that you have been separated for more than five years.
You will have to make active attempts to find your ex - including using an Enquiry Agent - but if he cannot be traced you can ask the court for permission to proceed without serving papers on him using the form here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/0951/D13B.pdf
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Hi clare,

Was just wondering, over 15 years is such a long time, can't I do it without the hassle

of going around looking for him?

Expert:  Clare replied 1 year ago.
Hi
I am sorry but I am afraid that the court will wish to see that you have made an effort to find him before they agree to going ahead in his absence
Clare

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