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My Divorce is not straightforward – FAQs

  • I believe my spouse will not co-operate with the divorce; can I still obtain a divorce?

Generally the answer is yes.  Clearly if your spouse chooses to defend the divorce then this will add to your legal costs; however, generally you can still obtain your divorce and Kew Law will advise you the best way to proceed with a divorce if your spouse is unlikely to co-operate.

  • My spouse will just throw any papers he receives in the bin; can I still get a divorce?

Yes.  If the Respondent does not co-operate with the divorce proceedings, the Petitioner is still able to obtain a divorce.  The Petitioner may, however, need to prove to the Court that the Respondent has received the divorce papers.  There are different steps that the Petitioner can take and Kew Law can assist you and guide you through this process.

  • My spouse lives abroad; can I still get a divorce?

Yes.  If you are domiciled and habitually resident in England and Wales, then the Courts in England and Wales will still have jurisdiction and we can still commence divorce proceedings on your behalf.  We will, however, need to have details of where your spouse resides and be able to send divorce papers to him or her.

  • I want a divorce but I do not know where my spouse lives; can I still get a divorce?

Yes.  However, if you do not have your spouse’s address this does complicate matters; however, there are options available to you and Kew Law can guide you and advise you of these options.

  • I have not been married for one year but cannot continue to live with my spouse; are there any options available to me?

Yes.  You could consider judicial separation or enter into a Separation Agreement.  Judicial Separation follows the divorce procedure; however, you do not have to prove that your marriage has irretrievably broken down.  You could also enter into a Separation Agreement which is a contract drawn up between you and your spouse providing for you to live separate and apart.

  • My marriage has broken down but I do not wish to commence divorce proceedings; what other options are available to me?

You could consider separation.  Kew Law can guide you and assist you through this process.

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