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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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We have been separated 28 years now and have come

Customer Question

We have been separated for about 28 years now and have come round to thinking about a divorce, could you please put me on the right path. My `wife` has lived in New Zealand and Australia for the last 15 years or so and Jersey before that
We have a good talking relationship quite regular and the two children 29 years and 31 years old are settled in New Zealand as well
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
As long as you have been living in England or Wales then you will be able to proceed with a divorce here. You can apply under the fact of five years' separation and you would not need her consent to do this - all that is required is that she is served with the petition and either provided the acknowledgement of service form to the court (which they will send to her) or if she does not that you can satisfy the court that she has received the petition.
If you wished to effect service of the petition yourself you can request the court to send you the issued papers for direct service on her.
You can obtain the divorce petition here: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1115 and submit to Family Court at St Bury Edmunds together with a £410 court fee.
Are there also assets that you will need to settle, as the divorce proceedings itself will not provide a clean break in relation to financial matters.
Please let me know if you have any further questions regarding this.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please rate my response positively if you found it helpful - I will not be credited for answering this question without a positive rating. Thank you!