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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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My husband and I want to get divorced. We have been living

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My husband and I want to get divorced. We have been living apart since 2009, although still meeting up periodically. We have agreed now that the marriage has irretrievably broken down and the distance of the last few years have not changed our minds about it.
Question 1:
Would the fact that we have been living apart count as evidence of separation? Even if we did still meet up periodically? If not, what other options do we have to file for divorce immediately? We both want a clean break now.

Question 2:
If we are both in agreement to get the divorce, I have seen on the internet that I could file a petition for divorce without legal representation. However, we have two properties, jointly owned, in the UK. I live in one. Both are mortgaged. I realise that we will need help to change the ownership of the properties etc etc. I think we will be able to come up with how we want to divide the properties/finances ourselves, but we would need help with regards XXXXX XXXXX mortgages. Not sure how to change it from one person to the other etc. Is this something that we need to get a solicitor for or should we see a Financial Advisor instead and file for divorce etc ourselves?



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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I will answer your follow up questions you may have.

Kind regards,



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