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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am 65 in November. but have not lived with my wife years.

Customer Question

I am 65 in November. I am Married but have not lived with my wife for six years.
I would like to Know can i get a divorce without it costing me a lot of money.
Secondly will this affect my state pension.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
We were both made bankrupt on June 14th 2013
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Do you know your ex's address.

Customer: replied 1 year ago.
Matson .Gloucester. Sorry no post code.
Customer: replied 1 year ago.
Please will I receive a response shortly.
Customer: replied 1 year ago.
Gloucester. GL4 6AN
Expert:  Clare replied 1 year ago.

My apologies for the delay

You can issue a Petition based on the fact that you have lived apart for more than 5 years.

You can find more information and a link to all the necessary forms here

https://www.gov.uk/divorce/file-for-divorce

The fee is £550 BUT you may be eligible for fee remission - the form is here

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/ex160a-eng.pdf

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thank you for the advice I was expecting a lot more .
Secondly you have not answered my question concerning my state pension. Would she be in titled to a claim on my pension or any of my wages. I am still employed.
Customer: replied 1 year ago.
Please answer my last question.
Expert:  Clare replied 1 year ago.

I am sorry - I will happily give you more details if you could let me know what more you need.

It will not affect your state pension - wether or not she can claim maintenance from your wages depends of the financial position you are each in

Customer: replied 1 year ago.
If I issue a petition would she be able to contest .? She is claiming benefits. I have a small private pension of which I used to pay her half but she returned my payment and I haven't spoken to her in 5years.Would she still be able to make a claim on my earnings.?
We were married for 39 years. Very sad.
Expert:  Clare replied 1 year ago.

She can delay but nor prevent a divorce - if she has made no claim on you up until now it is unlikely that any future claim would be successful

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