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Information on Divorce Proceedings

Divorce Proceedings

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  • Full Question -

     

    Would the following reason be accepted for not disclosing the address of the petitioner when they have been separated for 16 years:
    The petitioner does not want his wife and children causing unnecessary problems and stress for his new partner and children if they found out where they were living?
     

    Answer -
     

    No unless you can prove that there has been previous harrasment by your wife and children. There is also a £40.00 court fee for this application.
     

  • Full question-
     

    What exactly is "domicile", we are contemplating divorce, quick and fast, we now live in Europe, the divorce laws are too slow. We had been working in the UK and we moved to Europe on company transfer, but we come to London regularly and we still have our EU residence permits issued by the home office, do we qualify for divorce in the UK? How do we prove that our normal residence is still the UK?
     

    Answer-
     

    Domicile is no longer really important in divorce cases in the UK . Habitual residence of either party for six months prior to the presentation of the petition here in the UK is what counts. Residence is a matter of fact and generally saying that you are resident here and providing an address is sufficient.

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    Full question-

     

    I would like to know how easy it is to get a divorce,as my partner has been gone for over 6 yrs and I have no trace of their  whereabouts,and would like to move on with my life,how long would it take to get divorced.thank you.
     

    Answer-
     

    In one sense very easy. You have been apart for more than five years so his or her consent is not needed. However the proceedings have to be served and you need to make strenuous efforts to try and track the other party down and be able to give an explanation to the court of all those efforts. Friends neighbours - work colleagues - family??
     

    A simple divorce from instituting proceedings to decree absolute should take no more than six months but may be longer if you have problems with service

  • Full Question-
     

    I have only been married 8 months, but we no longer get along, and both want a divorce. Do I have to wait the whole year before I can start the petition for divorce, or can I apply now and wait?​
     

    Answer-
     

    I am afraid you have to wait until you have been married for one year before you can begin proceedings.
     

    You then can only bring proceedings using his adultery or unreasonable behaviour, otherwise you will have to wait 2 years to divorce with consent. Have you considered relationship counselling? 

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