UK Family Law
UK Family Law Questions Answered by Verified Experts
Thanks for your question.
1.Yes, your physical separation would count as evidence of the separation for the purpose of proving that you have been separated as man and wife for the requisite two year period provided that during this physical separation you have not been in a relationship akin to a married couple (eg. In the emotional sense).
2. You can file acting on your own behalf. Judges appreciate that not everyone wishes to instruct solicitors. Plenty of info for lay persons petition without representation here:-
You will have to instruct a conveyancing solicitor to deal with the transfer of the properties in to your sole name but before you reach that stage in your divorce you should agree to instruct a family solicitor to draft a consent order setting out the terms of the financial settlement so that you can submit it to the judge. It won't cost a great deal and having a court order prevents a party from revisiting the issue of settlement in the future and incurring legal fees in sorting it out.
In order to do what you propose in the simplest way you would each have to receive a mortgage offer in your sole names so that the properties can be remortgaged/transferred by your conveyancing solicitor appropriate. If you cannot receive mortgage offers in your sole names then you will have to negotiate an alternative settlement.
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