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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24613
Experience:  Senior Partner at Berkson Wallace
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I want a divorce from my husband now, no I am 65 years old

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I want a divorce from my husband now
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no I am 65 years old and don’t know we’re to start and how much money I need
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: i live in Barnsley
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I just need to leave him and don’t also know who to ask for help with finding some where to live. I am disabled

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Do own your home?

do you want to have a financial settlement?

and would you want to stay if he left?

Provided that at least one of the people wishing to get divorced lives in England, then getting divorced in England (& Wales) is infinitely a do-it-yourself job.  (I am not familiar with the system in Scotland)

Save yourself a whole load of money: the government website have a do-it-yourself guide

https://www.gov.uk/divorce

Although you can agree finances between you, it doesn’t draw a line under it unless you have a financial order

https://www.gov.uk/money-property-when-relationship-ends

And if have children under 18, and you cannot agree who they live with and who sees who and when, then you need a child arrangement order (which includes Specific Issue Orders:

To confirm that something can happen

and a Prohibited Steps Orders

To stop something happening

https://www.gov.uk/looking-after-children-divorce

In the United Kingdom, we do not have “irreconcilable differences”.  That is a thing in the United States for the time being at least.  The rules are changing here shortly to get rid of the following 5 grounds of divorce and to get rid of the fault issue but that has yet to be enacted.  To be honest, in my opinion, it’s going to make very little difference because the big arguments are over finance and children not the actual divorce itself.

It doesn’t matter who divorces who or why, the financial issues are exactly the same.  The court has not apportioned blame with regard to the division of marital finances for many years.

Grounds for getting divorced are:

1          The couple have lived part 2 years or more but less than 5 years and they both consent to the divorce.

2          The couple have lived apart for 5 years or more, regardless of whether they both consent or not.

3          Desertion.  Not common.

4          Adultery.  Very difficult to prove unless there is unequivocal evidence or an admission.

5          Unreasonable behaviour.  Most common and relatively easily to put together a petition on these grounds.  For example:

A spouse wants an unreasonable amount of sex/never once it.
Lack of personal hygiene/obsessive personal hygiene.

Obsessively tidy/extremely messy and untidy.

Gambles to excess/it’s tightfisted with money.

Never interacts with spouse or children/obsessive with children.

Violent or bullying or intimidating.

Excess alcohol.

Lots of grounds.

Please note that a legal separation is not the first step or precursor to a divorce.  It is virtually the same process but it doesn't dissolve the marriage.  However it draws a line under the relationship formally.  The difference between a legal separation and divorce is basically that you cannot get remarried again.  The reason you would have a legal separation, rather than a divorce is you can get divorced, for religious reasons for example.

As part of the divorce process, to draw a line under the finances you will need a financial order.

The courts will not get involved in marital finances unless divorce or legal separation proceedings have started.

Remember that the divorce itself is not that expensive, if you use solicitors, it is arguing over money and children which costs the big bucks.

And here is some reading on applying for a financial order.

https://www.lawteacher.net/cases/financial-matters-on-divorce.php

Which draws a line under the finances of the marriage and prevents either of you coming back to the other, in some years time, asking for more money if circumstances have changed (the lottery?).

That’s what happened here when the spouse popped out of the woodwork years after the divorce, when there was no financial order.

https://www.dailymail.co.uk/news/article-3634949/Victory-hippy-millionaire-s-unemployed-ex-wife-wins-500-000-share-fortune-money-decade-broke-up.html

and here

https://www.dailymail.co.uk/news/article-1331925/Lottery-winner-Nigel-Page-pay-ex-wife-2m-left-10-years-ago.html

You can agree what you like between you, then it really is a case of putting the application into the court and the judge will rubberstamp the arrangements you have agreed.  Otherwise it’s a potentially expensive argument.

Here are some notes from the government

https://www.gov.uk/government/publications/i-want-to-apply-for-a-financial-order-d190

On applying for a financial order

This is the form you need to start the process: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/885814/form-a-eng.pdf

And how you go on from there depends on whether you agree with what is happening with the finance or whether you are going to have an argument.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart J and other Property Law Specialists are ready to help you