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Can I file for Legal Separation without a solicitor?

(5 Posts)
TallyGrenshall Fri 14-Feb-14 11:24:17

Not me, but DSis.

She has split from her husband and he is awful with money, doesn't pay bills etc so she wants to have a legal separation to protect herself until they can get divorced. Is it fairly simple to do?

Also, is there any help available with the court costs? She has applied for Housing and Councik Tax benefit, and she still recieves CTC for my nephew.

Tia

mumblechum1 Fri 14-Feb-14 11:48:45

Yes, she can download the form for a judicial separation (it's a petition, virtually identical to a divorce petition except that in the prayer part she asks for a decree of judicial separation rather than a decree of dissolution of marriage).

She has to set out her grounds for JS and proceed in virtually the same way as a divorce petition, ie he must be served with the petition and then after he acknowledges receipt she applies for a decree. The court can deal with financial issues within the Js.

If she gets a JS, she will have to go through the whole rigmarole again when she divorces him so to be honest she would probably be best just issuing a divorce petition based on his behaviour (money management or lack thereof!).

TallyGrenshall Fri 14-Feb-14 12:33:14

Thanks.

She can't get divorced yet as they haven't been married a year so she wants some protection until then.

About serving the papers, if her ex won't tell her where he is living, can he be served at work? The only other place she knows he would be is the pub on a Sunday night

newpup Fri 14-Feb-14 12:45:51

Yes. He can be served at work, either by your sister's solicitors or if necessary by court bailiff.

MOSagain Mon 17-Feb-14 08:57:11

how far off the first anniversary of their marriage are they? Might be worth waiting if not too long

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