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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8978
Experience:  Barrister at law
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I have been separated for 16 nearly 17yrs from my ex husband

Customer Question

Hi I have been separated for 16 nearly 17yrs from my ex husband he was served with papers 6 mths or so after we separated it was on the grounds that he held me down and let his brother rape me whilst I was 6 weeks pregnant with his child.
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: I have been very ill for many years and still am. So I am on benefits and I was wondering whether I would be able to get a divorce due me being on benefits. I filed the first ones back in 2006 but he refused to sign them and I don't have funds now due to my multitude of illnesses.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: It was in Salford Manchester I now live in Nottingham although he does live in Cadishead Salford where we had our marital home.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I can think of at the minute Thanks
Submitted: 15 days ago.
Category: Family Law
Expert:  plclegal replied 15 days ago.

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

I’ll review and come back to you as soon as I can.

Expert:  plclegal replied 15 days ago.

Do you have current address and/ or contact details for your husband in order that he could be served with court papers?

Customer: replied 15 days ago.
He lives at*****Cadishead, M44 5FE His name is***** and I only have him on Facebook as my son has mental health issues.
Expert:  plclegal replied 15 days ago.

Thank you - I don't need that information personally but if you have it then you can supply the information to the court.

You first need to establish whether there is still an application on file from the previous case.

If so, you could simply pick this up again, amend the grounds to over 5 years separation and proceed on that basis (which does not require his consent, just that he is served with the papers).

If the old case is no longer on the system, you would simply start again. The new law makes the process a little more straightforward too.

Your first job then is to contact the Salford court to see what is still on file.

You won't get legal aid for a divorce, I'm afraid, but actually there is not a lot to do to progress this and you can complete the paperwork without a lawyer.

In terms of any fees to pay, if you are on benefits and can't afford court fees you should be able to apply for a fee exemption (called "help with fees") - on the EX160 form (available at www.gov.uk) - this is if any fees are in fact payable (which they may not be, if you are simply resurrecting the old application).

Do you have the contact details for the Salford family court?

Expert:  plclegal replied 15 days ago.

I didn't hear from you again, but I trust that the information provided was of assistance.

Here are the contact details for the Salford court too - 


0161(###) ###-####/p>
*****@******.***

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

Have a great day!