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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6439
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I am separated from my husband for over a year and a half.

Resolved Question:

Hi I am separated from my husband for over a year and a half. He has a new partner and so do I.
We wish to have a clean break divorce as neither of us have children. My husband wants no claim on my house or finances - and I have wish to claim any funds from him.
The problem is that our break up was amicable and apart from not loving each other anymore or wishing to live with each other - we simply wish to divorce and go our own ways. I wish to get married eventually to my current partner in the future.
I have been told that unless there are grounds of unreasonable behaviour eg violence or alcoholism - we will not be granted a divorce.
Please can you advise?
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

A petition based on the respondent’s unreasonable behaviour does not necessarily need to include violence or alcoholism. It can include such things as verbal abuse (insults or even nagging), demanding sexual intercourse too often or not at all, intimate or inappropriate relationship with others, failure to provide money, not engaging in a social life together, failure to provide affection or attention, being financially irresponsible – if there are enough cast iron examples of the above then the Court may issue the petition.

If you both have new partners though then one can petition the other based on their adultery, the other party to the adultery need not be named if the respondent admits it and the adultery does not have an effect on matrimonial financial settlement. This may be a simpler way forward.

The alternative is to wait until you reach two years separation then divorce on the basis of a petition on two years separation with consent.

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Kind regards,


Tom
Customer: replied 3 years ago.
Will we need to attend mediation? We have nothing to mediate on - apart from both agreeing that we want an amicable divorce
Many Thanks
Expert:  Thomas replied 3 years ago.
Hi,

Yes, I think you will have to have a compulsory mediation session. This is fairly inexpensive, I believe it costs around £100.00 or so.

It will be a formality in your case obviously. I must confess that I have not drafted a divorce petition since the rules on compulsory mediation came in in 1st April, but I would expect their to be an entry on the divorce petition relating to the compulsory mediation session.

Trust this clarifies, if so please click accept.

Kind regards,

Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6439
Experience: BA (Hons), PgDip, Practising Solicitor
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