Five Year Separation – Pre April 6th 2022 ground
Table of Contents
What is the five-years’ separation?
To bring a petition under this ground, you must show that you have lived separately from your partner for a continuous period of at least five years. The rules regarding whether you are separated are the same as for the ground of a two-year separation.
Your spouse can oppose the request for divorce if they can argue that ending the marriage will result in serious financial or other hardship.
Will I need my spouse’s address?
Yes, for this ground you must have an address of your spouse even though you do not need their consent to start divorce proceedings. They must still have an opportunity to see the paperwork.
Can I divorce my partner without their consent?
Yes, you can divorce your spouse in England without their consent but only if you have been continuously separated for a period of five years. You would, however, still need to show that you have tried to look for them and have tried to obtain their address to as your spouse would need to see the divorce paperwork.
It would not be possible to divorce your spouse without their consent if you have been separated for less than five years.
If your spouse is unwilling to cooperate, then using the unreasonable behaviour ground may be a simpler option then arguing on a separation ground.
Does being separated longer make the divorce process quicker?
This depends on whether your spouse is co-operative or not. It can sometimes take around two-years for separation cases as there may be delays in locating the spouse if you have lost contact over the years, and checks will need to be made as to their current address to receive the divorce paperwork.
If your spouse is co-operative, agrees to the divorce and you have a current address, the process can be shorter and completed within 5-6 months.
To discuss your divorce matter today, please call Ansham White Solicitors for a free no obligation telephone call.
h our working knowledge of divorce law allows us to provide a high quality service to each of our clients no matter how complex the situation. We regularly deal with all aspects of divorce, separation of unmarried couples, dissolution of civil partnerships or nullity and judicial separation.
It is often difficult from the outset of the matter to provide an exact timescale of a divorce, although we can advise you on an estimate of the time involved and costs at the initial consultation. As leading divorce lawyers, we are able to provide you with carefully tailored advice on your situation through meticulous planning and discussion with you. Our divorce advice will involve advising you as to the prerequisites and conditions which would need to be addressed before ultimately obtaining a Decree Absolute.
Why choose us?
At Ansham White Solicitors, we pride our self on our customer focused approach. The founding Director, Shamim Ibrahim has 20+ years of experience in dealing with family law matters. Throughout this time, she has built up and trained a team of individuals whom maintain her high quality standard of work to ensue that our clients receive professional yet personable advice throughout their divorce.
Please call us today to arrange a consultation, our family team will be more than happy to help. We have offices based in North Harrow and the City of London which have nearby parking and good transport links. If you are calling from overseas or are unable to attend our office, we are able to conduct a video consultation via either Zoom or Microsoft Teams.
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