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Ex is refusing to agree to divorce....we've been separated for 6 years...

(8 Posts)
treacleturkey Tue 03-Sep-13 16:23:54

Can i still proceed at this point without him agreeing? How would i do this? I'm hoping i can receive legal aid as am single parent who is also full time student. Thanks in advance.

PhantomMenace Tue 03-Sep-13 16:25:57

You won't get Legal aid unless their is a recent history of domestic violence, but yes you can proceed with the divorce after 2 years I think

treacleturkey Tue 03-Sep-13 16:34:42

Legal aid is only for people who have experienced domestic abuse?? I thought it was for people who earnt under a certain level....last year i was told by citizens advice i should be ok.

ThatPoshBird Tue 03-Sep-13 16:37:24

the requirements for legal aid changed recently, this past April I think. Not many qualify for it anymore and what cases it covers is less as well

Stepinstone Tue 03-Sep-13 16:38:24

That advice was correct a year ago. Now it's only for DV cases. It's grim.

FatalFlowerGarden Tue 03-Sep-13 16:39:39

You don't need him to agree. As long as you can prove that you've been separated for two years then you can go ahead without him. Most solicitors will give you a free half-hour appointment to discuss your options. I don't know about legal aid though, sorry.

Am assuming that if you've been separated for 6 years then financial/access issues are already in place?

ChasingSquirrels Tue 08-Oct-13 17:20:00

I thought 2 years was with agreement?
5 years can proceed without agreement, so as you are 6 years there shouldn't be a problem.

If you can't afford a solicitor download the forms (free) and fill in and apply yourself.
You do have to pay court fees to file, but may be able to get help on low income?

You should get a consent order prepared by a solicitor to be approved by the court re finances, and this will cost.

ZiaMaria Tue 08-Oct-13 17:27:57

If you are low income you can probably get the court fees waived (there's a form). No legal aid though, sorry.

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