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Legal matters

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divorce issues

6 replies

mummy16137 · 08/08/2010 15:23

Hi i am wondering if there is anyone who can help us.

I live with my partner of 4 years who is still legally married to his wife although they have been separated 6 years in october.

He has asked her several times for a divorce as she is claiming to be a single mum claiming benefits she will get legal aid (apparently) she has no contact with us or her 13 years old son who lives with us.

We just cannot afford the cost of a divorce especially if she does anything to prolong it (which is quite possible)

Does anyone know the legalities of divorce and what the cheapest way of doing it is?

thanks for reading and any advice is greatfully received

Mummy 16137 xx

OP posts:
mummy16137 · 08/08/2010 15:24

sorry forgot to add that they split due to her having two children to another man and trying to pass them off as my partners.

She was caught out after an 8 yr affair with a man she now lives with.

OP posts:
mumblechum · 08/08/2010 15:32

The grounds your partner should go on are five years separation. His exwife does not need to consent but you do need to satisfy the court that she's aware of the proceedings.

You can download a blank divorce petition form from the court service website (can't recall the addy off hand, but it's something like hm court service. gov.uk. You also need to download a Statement of Arrangements for Children.

The procedure is that the original & 1 copy of the petition and statement of arrangements are lodged at your local county court. There's a fee payable of £300 but if you can't afford it you can apply for exemption on form EX50 (or EX something - again it's on the court website). The website also does a handy guide for petitioners in person.

The court will post the petition and statement to your dp's wife and so long as she signs a form of acknowledgement agreeing to the divorce going ahead it's plain sailing from then. If she doesn't acknowledge, post again and either I or another family law MNer will no doubt be able to take you through the next stage.

mummy16137 · 08/08/2010 15:44

thats brilliant thank you for your advice

OP posts:
babybarrister · 08/08/2010 18:03

This reply has been deleted

Message withdrawn at poster's request.

mumblechum · 08/08/2010 18:37

Wink at baby barrister, there's an interesting thread also on legal about appealing to the High Court which you are probably better able to advise on than I am (can't rmember the last appeal I lodged!)

babybarrister · 08/08/2010 20:03

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