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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1162
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My husband left me when I was diagnosed with Parkinson's disease

Customer Question

my husband left me when I was diagnosed with Parkinson's disease and had an affair, but only admitted this once the affair was over.Our relationship has been on and off over the last few years after the affair he lived most of the time in a holiday home we have, as he was studying, we had a sexual relationship and holidays. After his studies he took a job in Copenhagen and he has become angry and resentful and refuses to communicate some of the time , however as his father is unwell I am helping with sorting this out and at these times it's as if nothing has changed. He is my only family as my mother has severe dementia.
in a moment of anger he threatened to divorce me without my consent, when 5 years from his leaving for the affair is this correct. thank you
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you today.
Please can you confirm - do you consider that you have you been separated for 5 years? If not, when would you say that you actually separated?
Kind Regards
Caroline
Customer: replied 1 year ago.
He left initially 3 years ago
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
There is only one ground for divorce - which is that the marriage has irretrievably broken down. The person who starts proceedings, ( also known as the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following five facts.
These facts are adultery, desertion, unreasonable behaviour, 2 years separation with consent or 5 years separation without consent.
It would therefore be possible for your husband to petition in 2 years time for a petition based upon 5 years separation. If you wanted to successfully defend such a petition then you would have to prove that yo had no been separated for 5 years at that point.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for helping you.
Customer: replied 1 year ago.
type
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
There is only one ground for divorce - which is that the marriage has irretrievably broken down. The person who starts proceedings, ( also known as the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following five facts.
These facts are adultery, desertion, unreasonable behaviour, 2 years separation with consent or 5 years separation without consent.
It would therefore be possible for your husband to petition in 2 years time for a petition based upon 5 years separation. If you wanted to successfully defend such a petition then you would have to prove that you had not been separated for 5 years at that point.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for helping you.
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