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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1949
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need some advice regarding a separation agreement between

Resolved Question:

I need some advice regarding a separation agreement between a married couple. It is an amicable separation with no property or assets involved. There are two young children. Divorce would be commenced a year after separation. The wife is Polish and has been domiciled in the Uk for ten years. Her husband is South African and for ten years has applied for visa. Marriage took place in Poland 9 years ago.
Submitted: 9 months ago.
Category: Law
Expert:  Harris replied 9 months ago.
Hi, thank you for your question. Please confirm what information you seek regarding the separation and divorce so that I can assist you. Which of them is pursuing the divorce and why are they waiting a year after separation?
Customer: replied 9 months ago.
The wife is pursuing the divorce. The delay of one year is because the husband has just renewed his final visa before becoming eligible for a british passport. If he divorces in the next year he will face deportation.
Expert:  Harris replied 9 months ago.
I see, thank you. What information are you seeking? Do you wish to know the process?
Customer: replied 9 months ago.
I would like to know what the process is.
Expert:  Harris replied 9 months ago.
Thank you.If she applies before two years separation, she can only rely on the ground of unreasonable behaviour or adultery. For adultery she needs written confirmation from the husband that adultery has occurred. For unreasonable behaviour she needs to state numerous issues throughout the marriage that led to the breakdown and how the marriage has irretrievably broken down. If you cannot identify any such factors, then she can wait for 2 years separation which can be pursued if the husband consents to it in writing. In relation to the children matters, these are not dealt with in the divorce and can be agreed directly between the parents, and if they cannot agree then a referral needs to be made to an independent mediator first (you can find local mediators here: http://www.familymediationcouncil.org.uk/) to assess if mediation is suitable to progress the matter and if mediation is not suitable then an application to court will be allowable if the matter remains contested.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Harris, Law Specialist
Category: Law
Satisfied Customers: 1949
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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