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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Mu husband works abroad and has done years,

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mu husband works abroad and has done for four years, he comes home usually every 12 weeks and we go on holiday several times a year during this period, or are at home in the uk. he was home last week. He has now decided he wants a divorce and told me on sunday which I have not agreed to and says he can use the last four years as living apart for the divorce but we were married speaking every day and as I said earlier going on holidays., and I also went out to him. He thinks we do not have to wait the two years separation. There is no adultery or other grounds. can you please advise
Hi, thank you for your question. In order for him to apply for a divorce under separation, this either has to be 5 years or 2 years. In order to qualify under 2 years separation you will need to consent in writing to this. As you are stating that you do not agree that you have been separated he is not able to apply under this and the only option he has is unreasonable behaviour in which he will need to set out in detail what unreasonable behaviour from you towards him has led to a breakdown in the marriage that is irretrievable.Please provide a positive rating if you found this information helpful. I will not be credited for answering this question without a positive rating. Thank you
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