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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My name is ***** ***** (surname changed legally) I have

Customer Question

hi my name is ***** ***** (surname changed legally) I have been separated from my husband now for 7 years. I did try for a divorce sometime ago but my husband wouldn't sign the papers. what I would like to know is can I now get a divorce without his consent now. Some people say I can because we have been apart for 5 years
Submitted: 2 years ago.
Category: Family Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Please confirm what happened with the previous divorce? Was the petition issued? If the petition was issued then you would need to send an amended divorce petition amending this to the fact of five years separation.
You are able to apply under the fact of five year separation and your husband would not need to consent to this. The Court will need to be satisfied that he has been served with the divorce papers once issued, but his consent is not required to obtain the divorce under this ground.
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I have been a family lawyer for 30 yearsThere are some important practical points to note.If the lat petition was actually issued a few years ago you will find it easier to apply to have that Petition dismissed; the Marriage Certificate released to the new case and the new Petition issued.This is done using a D11 you send it to the court you should also sent the new Petition based on five years separation (always in triplicate to the court) and the petition feeIf you are certain that he will still not co-operate then you should ask for the papers to be returned to you for service.When you get those you can instruct an enquiry agent to serve them on your ex - and then the divorce can progress smoothlyPlease ask if you need further detailsClare