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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33323
Experience:  family solictor with 25 years experience
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Just after some advice. I have been separated from my

Customer Question

Hi, just after some advice. I have been separated from my husband for over 2 years. He has agreed to divorce but lives in Northern Cyprus sand claims he does not have an address! We have two children which he pays no maintenance for and no contact since moving abroad. How can I divorce him??

Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you have nay contact details for him at all.
Has he agreed to a divorce in writing at all?
Clare
Customer: replied 1 year ago.
I have his telephone number but when I have asked for an address to send divorce papers he says he does not have an address.
I have text messages saying he agreed
Expert:  Clare replied 1 year ago.
Hi
Are you happy to divorce him on grounds of Unreasonable Behaviour rather than the two year separation?
Clare
Customer: replied 1 year ago.
Yes happy to do that and have enough evidence.
Expert:  Clare replied 1 year ago.
Hi
Doe she have any relatives here of there whose address you do know?
Clare
Customer: replied 1 year ago.

Yes, I know his sisters address in Bournemouth, Dorset

Expert:  Clare replied 1 year ago.
Hi
Excellent.
Just to clarify - you are able to speak to him on the telephone, and have no difficulty in going so?
Clare
Customer: replied 1 year ago.
Yes I speak with him on the phone. I actually spoke to him last night and he said he is coming back to uk in July for 4 days. Wondering wether to get done divorce papers ready for that time. He said he would sign them
Expert:  Clare replied 1 year ago.
Hi
The problem that you face is that if you rely on the ground that you have lived apart for more than two years then you will need his co-operation to ensure the divorce goes ahead.
So whilst it could be useful to issue the Petition ready for him to deal with in July if he then refuses to agree to the divorce you will have lost the Petition fee.
If he had sent you a letter confirming his agreement then that would be sufficient.
The other option is to issue a Petition based on his Unreasonable behaviour and arrange for him to be personally served when he is in the Uk. You can give his sister's address as a care of address.
If that is not possible then you can issue the proceedings and ask the Court for permission to serve the papers on your ex via his sister's address - or for service to be dispensed with.
I hope that this is of assistance - please ask if you need further details
Clare

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