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Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My wife and i have agreed to divorce. there is absolutely

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My wife and i have agreed to divorce. there is absolutely no animosity and we need no help dividing our assets as there are no arguments at all. We have no children. For the past 4 years we have both been in other relationships. However, we have continued to own the same house using it just as a base. Both of us have spent at least 4-5 nights a week at the homes of our respective other partners. We have been back at the house we own together (which was the matrimonial home) on infrequent and random occasions but living completely seperate lives. Because we are civil to each other and there is no animosity we would occasionally eat together or put washing on for each other etc if it happened to something we both needed to do at the same time. However very much in the main we handle domestic chores for ourselves when we are in the house. Will this be enough to satisfy a divorce court for divorce on grounds of 2 year seperation with consent now?
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Thomas replied 4 years ago.

Hi,


Thank you for your question.

 

Not physically living in the same household is not a pre-requisite to petition citing two years separation with consent. You can be "living apart" even though you are living under the same roof if you are living completely separate lives.

 

The small practical household chores do not negate your living separate lives. GIven that there is also the mental element that you both appear to regard the marriage as a mere shell and, presumably, are not going to live together post-divorce I doubt you will have any problem covincing a Judge of the veracity of your separation.

 

On the facts you will be able to divorce on the ground of two year separation with consent.

 

HMRC's website contains lots of useful information for lay persons acting on their own behalf:-

http://www.hmcourts-service.gov.uk/infoabout/divorce/index.htm

 

They also have all the forms you will need:-

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do

Select "divorce" from the drop down menu.

 

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6520
Experience: BA (Hons), PgDip, Practising Solicitor
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