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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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MY HUSBAND AND I WOULD LIKE TO DIVORCE, BUT FOR FINACIAL REASONS

Resolved Question:

MY HUSBAND AND I WOULD LIKE TO DIVORCE, BUT FOR FINACIAL REASONS WE CAN'T AFFORD TO SELL THE HOUSE, WE LIVE TOTALLY INDEPENDANT LIVES, HOW CAN WE OBTAIN THIS, WHILST STILL LIVING IN THE SAME HOUSE
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,


Thanks for your question.

 

If you are concerned that living with your husband will prevent a petition for your divorce granted then I think you can probably relax a bit. If you are considering divorcing under unreasonable behaviour then a period of 6 months after the last incident of that unreasonable behaviour if disregarded by the Court. Let me know if you are divorcing under one of the other grounds.

 

If you have lived together for longer than 6 months then this will not be an absolute bar to a petition being granted. If length of the cohabitation period will be taken in to account in deciding whether the petitioner can reasonably be expected to live with the respondent (and so be granted a petition) but the petitioner will always be able to show to Court good reason why the cohabitation continued (eg. money).

 

Provided you can show the Court that cohabitation following the unreasonable behaviour was necessary and you have been living completely separate lives, albeit under the same roof, then you will probably be fine.

 

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

Kind regards,

Tom

Customer: replied 4 years ago.
Thank you for your reply, what are the first steps we take, as money is a key issue, I am at work but only part time, as I had cancer last year and still recovering, whilst my husband was made redundant in July and still has no work, we need a divorce but can't afford large solicitor bills
Expert:  Thomas replied 4 years ago.

Hi,

 

Her Majesty's Court's Service's has lots of information for people who are going to be acting on their own in their divorce:-

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

 

 

If you are you should contact Resolution, www.resolution.org.uk, who can advise you in the first instance and provide a referral to a firm with a legal aid certificate who conduct family work (if you are eligible). Ask them about your eligibility and they will be able to tell you if you are.

 

The financial side will be worked out throughout the process of divorce and the Judge will ultimately make a financial order in respect of the matrimonial assets. If you can reach an agreement privately with your husband then this will need to be communicated to the Judge once the divorce process has started (ie. petition issued and acknowledged).

 

I've got to go to lunch now, but can you also confirm if you are named as the registered proprietor of the property at the Land Registry along with your husband?

 

Please kindly click accept, I will be happy to continue the dialogue once I return from lunch.

 

Kind regards,

 

Tom

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
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