Divorce Advice Please....

[ferlew]

Noooooo, not for me.
Son 2 married in March 2010, they split up a year later, this March they will have been living apart for five years.
What is the procedure for a divorce under these circumstances please ?

[hc4361]

He can do it himself and normally the divorce will be granted even if she doesn't agree to it. He will need to pay the £410 court fee.
All explained very well here:

https://www.gov.uk/divorce/grounds-for-divorce

[tonyav]

Check this out, ferlew. He should have no problems.
https://www.gov.uk/divorce/grounds-for-divorce

[ubasses]

Read through this.
https://www.gov.uk/divorce/grounds-for-divorce

Could have been divorced after 2 years, after 5 they can get divorced even if 1 party does not agree.

[ferlew]

Thank you, I will read all your links and get back to him.
£410 !!!! wow. Maybe she should pay half as it was her doing.

[Peter Pedant]

as they say above
I think you fill out a form and pay the fee

as for getting to pay -
I think £410 for a clean break is a good deal

[RATTER15]

£410! I know mine was 9 years ago but it only cost me about £40 to do it myself. I don't understand the price hike.

[starone]

Why should she pay if she doesn't want the divorce, even if it was her fault. It is usually six of one and half a dozen of the other anyway, and you usually only hear one side of the story. If he does his own paperwork and does not employ a solicitor he will only have to pay the court fees. It may seem a lot if you have not got any money but it is worth it in the long run to get rid of a marriage which has not succeeded and move on in your life.

[hc4361]

starone, she left him for another woman five years ago.

[ferlew]

In this case, starone, it was 12 of one and 0 of the other. I heard both sides, she was blatant about it (and still is).

[starone]

So? It doesn't matter whose fault it is, he should get rid of her as soon as possible and get on with the rest of his life. Mind you, I don't know where he is going to get the money from, that is another problem.

[starone]

Under those circumstances I would have thought he had a firm case to divorce her right away without waiting five years. Or would he have had to pay for a solicitor in that case. I know they charge exorbitant fees so that may have been a deterring factor.

[Sycamore3House]

Make sure they get a clean break financial settlement also.

[EDDIE51]

Many on this thread do not seem to realise that there is just ONE reason for divorce now ( and has been for years) that reason is, that the marriage has 'irretrievably broken down'. There is no concept of 'fault'or 'blame' any longer.
If one or both partners are on a low income or income related benefits , then a rebate of the court fees is available. So it make financial sense for the partner on the lowest income to start the divorce, as they have the best chance of getting the rebate.
Best people to contact for help are your local CAB. DO NOT !!! get a solicitor involved , they are after one thing only 'to make as much money out of the situation as possible'.

[EDDIE51]

Sycamore3 A clean financial break is NOT a final solution to possible problems.
There are cases on record where one ex partner has won or inherited a large sum of money after a divorce and final settlement. This means that the financial situation of that partner has been 'substantially changed' and the final settlement is no longer 'final'. There was a case where a man won the lottery after a divorce and final settlement.The ex wife successfully sued for half the win. It has happened the other way as well, when an ex-wife inherited a large sum of money after divorce and was forced to give her ex husband half of it!

[Sycamore3House]

Eddie51 i never said it was a FINAL solution just to make sure the son gets one so that he is not tied financially to the ex forever. Simples

[ferlew]

Many thanks Eddie (and Ummm for alerting me to the post) he suffers poor health physically and mentally, so does not work, she does. Will advise him to visit the CAB. Thank you.

[EDDIE51]

Yes , CAB is the way to go, they have specialist benefit advisers who will look at the entire situation. They will do the application for refund of court fees for him.
DO NOT under any circumstance get solicitors involved! I know that from personal experience. My daughter had divorce problems and we got a solicitor on the case( big mistake !) they charged £50 a page just to write a letter, and some letters were 4 or 5 pages !

[EDDIE51]

ferlew if the ex wife works and your son is disabled then the 'ex' will probably be responsible to pay him maintenance. It works both ways these days!
Again the CAB will sort it out.

[ferlew]

Blimey!

[EDDIE51]

^^ Blimey ?? What is odd about it ? We live in a world where male and female are treated equally in a marriage and in a divorce. Women's 'lib' and equality cuts both ways. Equal treatment is even more important now with same sex marriage along side the traditional marriage.
The two people in a marriage are regarded as 'partners' now. One partner may have to provide maintenance to the other after divorce. It depends only on the different needs and financial situation of each partner gender does not come into the equation.