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Divorce after 2 years of seperation

3 replies

Newbabynewmum · 17/03/2011 22:53

Just wanted some questions answered for my mum.

She and my Dad have waited until they have been separated for 2 years. Eventhough they have waited this long does one person have to still divorce the other?

Also, does it matter that my Dad lives in Scotland and is living with another woman? There are no arguments about money - thy just want to get it done and sorted.

Thanks in advance.

OP posts:
prh47bridge · 17/03/2011 23:34

Yes, one person divorces the other on the grounds of two years separation. Provided both consent to the divorce it is straightforwards. Your mother can divorce your father in the English courts regardless of where he is living (assuming she lives in England). And the fact he is living with another woman is irrelevant.

mumblechum1 · 18/03/2011 09:39

If it's as straightforward as it sounds, you mum can prepare the petition for divorce herself. I assume there aren't any children under 18? If there are, then she also needs to complete a statement of arrangements for children form. Both are available over the counter from the local county court office or to download from www.hmcourtservice.gov.

She needs to give the court two copies of the petition (and children's statement if appropriate), and pay a fee of £340.00. the court will provide leaflets explaining the procedure.

She also needs to pay a fee of £45 when she applies for decree absolute.

If there is any property to be transferred or other money to sort out, she should go to a see a solicitor.

Newbabynewmum · 18/03/2011 19:30

Thanks for your help.

No money, no property and no children under 18.

Great :) thanks again!

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