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Lawyer21, CILEx Lawyer
Category: Law
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Experience:  CILEx Lawyer
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My husband and I mutually decided that we should get a

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my husband and I mutually decided that we should get a divorce as we are no longer suited to each other and I wanted to know if we are to seperate before we can get divorced?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: Nothing yet, we are from South Africa and only came over last year on his european passport with myself as a family member. My kids have european passports as well. We are not sure what the correct steps are at this stage.
JA: Have you talked to a lawyer about this yet?
Customer: No, with the lockdown again, I haven't tried contacting any yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi How can I help?

Are you still living in the same household but separated?

Customer: replied 1 year ago.
We still live in the same house currently
Customer: replied 1 year ago.
I prefer typing if that's ok for now

You can still apply for divorce proceedings even if your spouse is living in the same household but you are both living separately - for example in separate rooms.

You can ignore the phone call it is automated.

You will require the original marriage certificate and provide her address in order to file for divorce proceedings inside the UK.

There is a court fee of £550.00 - the person filing the divorce is known as the Petitioner and the other party the Respondent in the divorce proceedings.

Customer: replied 1 year ago.
ok, so will we need to pay seperate attorney fees or can we use the same firm if we settle out of court?

If you are on a low income/savings you may be exempt from paying the court fees and can use form EX160 for this. You cannot have two solicitors acting for both parties - this will be a conflict of interest

Customer: replied 1 year ago.
Also, if we are married in SA, can we get divorced in the UK or do we have to go to SA?

You can get divorced from inside the UK, you do not need to go back to SA. You will however require the original marriage certificate from SA - if it is not in English it needs to be translated. You cannot use a copy of the marriage. If you do not have the original - you need to request a duplicate copy of the original in order to file divorce proceedings.

Thank you for your question today

Customer: replied 1 year ago.
Thank you so much

Most welcome

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