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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce needed asap

8 replies

Sunshineandreign · 03/10/2018 03:09

Hi I really need some help after seperatuon counselling reconciliation and seperation I just want it all over and a fresh start. Can anyone advise if we have been seperated for two years but ex never moved back in. Can we still divorce on the basis that we have been seperated two years. He has commited adultry and I want to mention that as a reason but dont want to get into the whole naming of the other party is that realistic. Also re financial statements as we have been seperate do we still have to provde bank statements for the past 12 months

OP posts:
Sunshineandreign · 03/10/2018 03:10

Sorry for all the typos but Ive just literally found out about all the lies told and not really in my right mind.

OP posts:
Pootlebug · 03/10/2018 03:14

I'm sorry you are having a tough time with this
You can file for divorce on the grounds of adultery without having to name the other party.
You don't have to produce bank statements . You may need lots more financial information if you go to court to sort the finances, but not so necessary of you can agree a position between you. It will still be worth speaking to a solicitor if you have house / pensions etc

Sunshineandreign · 03/10/2018 03:37

Oh I thought even if you agree not to go after each others savings etc you still had to provide them?

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MooseBeTimeForSummer · 03/10/2018 03:41

You can’t file a petition for adultery if you found out about it more than six months ago. You could use it as an example of unreasonable behaviour.

A petition for two years separation would require his consent.

MooseBeTimeForSummer · 03/10/2018 03:43

Both parties have to file a schedule of assets with the court when the financial order is approved by the Judge.

Sunshineandreign · 03/10/2018 06:19

Sorry re adultry what I ment was he had a relationship claimed he ended it a year ago we have been back together but not living together for nearly a year. I found out 6hrs ago the he never did and has been with us both. So was wondering if it was classed as two year seperation or adultry.
Re financial assets filing is that the last year bank statements evwn if we are classed as seperated during that year.
Lastly do you mean the finance bit takes place after divorce is agreed.

OP posts:
MooseBeTimeForSummer · 03/10/2018 14:28

Do you think he’d admit adultery? You could refer to it as a “relationship inconsistent with the marriage” in a behaviour petition. That way he doesn’t have to admit adultery.

Either way makes no difference to financial settlement.

Yes, last 12 months statements regardless of whether you were living together or not.

Finances are usually agreed between Decree Nisi and Absolute. You shouldn’t finalise the divorce until finances are agreed.

MrsBertBibby · 03/10/2018 20:10

You really need to take advice from a solicitor, this is a right old jumble, and some incorrect information has been given.

If you can't afford a solicitor most CABs can get you a short free appointment.

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