if one spouse refuses to get a divorce where do you stand? does time matter?

[nailpolish]

and what about when you die? is the spouse entitled to anything even if you have written a will?

after 5 years of separation you can divorce even if one party does not consent...

You can get divorced after 5 years separation even if one party doesn't want to (you have to know where they are though so the papers can be served on them)

I believe a will specifically leaving out a spouse removes any entitlement (but am not an expert on wills etc.)

REALLY???

so what do you ahve to do?

(its mum - dad refuses but they have been separated for 15 yrs)

so dad would get papers but not have to sign them

she just needs to get a solicitor and get the papers drawn up and served on him

AFAIK, one spouse can file for divorce after 5 years of separation without the consent of the other spouse. After 15 years, I would think it would be fairly straightforward. Get your mum to a solicitor.

i have tried talking to her but she is afraid - will talk to her again

thanks

yes - as long as it can be proved he's received them (a solicitor will normally arrange for them to be personally served) the court will grant a divorce even if it is contested

info here

very straightforward as separated for in excess of 5 years.
As Tillyscoutsmum says, the papers just need to be served upon him personally by a process server who will then prepare an affidavit of service (sworn statement) proving that the papers were handed to him at a set time/date etc. This will then be exhibited in your mums' affidavit in support of petition which then goes to the Court with her request for Decree Nisi. The only way a divorce on 5 years separation can be defended is in very rare circumstances for example if he could plead that the divorce would cause him grave financial hardship (unlikely) or other special circumstances, ie he was a devout catholic and if a divorce was granted he would be a social outcast. There have been one or two cases over the years when a claim such as this has been successful but these were many years ago and unlikely to succeed now.