Separation

[Sunshinemam2]

My brothers wife kicked him out last July and announced in November when she moved out of the home they shared she was with someone else and moved in with him in February we suspect he was around before November(my brother took over the tenancy and moved back into the house). What does he need to do to start permanently being separated as we do not know where to start he is on benefits so don't know if he has to start divorce proceedings. They have a 5 year old daughter who goes between both of them. Thank you for any advice.

Is there any reason not to start divorce proceedings? He can fill out the forms himself and get a fee reduction or waiver if he's on benefits.

Why doesn’t he just file for divorce ?

He can start divorce online. He can ask for fee exemption. He will need his marriage certificate

www.gov.uk/divorce

He can file online, he will need to either state unreasonable behaviour or adultery (and she admits to it) otherwise he needs to wait until 2 years is up. There's reductions I think for low income. You go through the.gov website and full fee is (was) £550. He needs his marriage certificate and id

Thank you for all your answers . What happens after 2 years are up .

After 2 years if she agrees he can divorce on 2 years separation.

But everything changes in April 2022 when the new procedure and no fault divorce comes in so that won't be relevant to him.