When does separation amount to a divorce?

[Stella66]

Does this ever happen.I am/ was married but separated from my husband for almost 5 yrs.He decided to move to Aussie but l didnt want to.We have not been in toych for a while, l want to move on,do l need a divorce or should l assume l am already legally divorced? please help someone.

[boobesque]

i am in a similar situation, if you have no property, children, possessions or monies to split then you can go to the county court and ask for the papers, you need to do this as divorce isnt automatic, either that or you will need to go through a solicitor.

[Buenchico]

Being separated for nearly 5 years doesn't count as being divorced - even being separated for 50 years wouldn't amount as divorce - but it does mean that you're approaching an important legal milestone in relation to divorce proceedings.

If a husband and wife live apart for two years, a divorce can be obtained on the grounds of separation but both partners must agree to this. (It's also possible for one partner to seek a divorce, without consent from the other partner, on the grounds of 'desertion' but this can be much harder to prove than simple 'separation'). However, after a married couple have lived apart for 5 years, one partner can divorce the other without the need for the agreement of the second partner. So, unless you know that you can contact your husband easily, and that he'll agree to the divorce, it might be best to wait until you've been apart for a full 5 year period; this will make the divorce process much simpler.

http://www.direct.gov.uk/Parents/FamilyIssuesA ndTheLaw/Divorce/DivorceArticles/fs/en?CONTENT _ID=4002976&chk=2NiWQa

Chris

[Suzyboo]

You do still need to get divorced and although he cannot contest it after the 5 year separation period, there are papers he has to sign to acknowledge you have informed him you are divorcing him

[nicksmum]

I tried to divorce my husband after two years but he wouldn't sign the paperwork.I had to wait until the five years by which time he had disappeared off the face of the earth (even his parents didnt know where he was) so I did everything myself,when the divorce was finalised I sent a copy of the paperwork to his parents in case he ever got in touch with them again.I met his dad in the street a couple of years ago,he turned up on his doorstep having moved abroad and the reason why he came home was to find out about instigating divorce proceedings!