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

The answer is yes. The law on divorce has recently changed, meaning that you no longer require the Respondent’s consent to the divorce. You simply need evidence that the Respondent has received the issued Court paper.

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 Applicant is still able to obtain a divorce.  The Applicant may, however, need to prove to the Court that the Respondent has received the divorce papers.  There are different steps that the Applicant 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. Find out more about divorcing a partner that lives abroad here.

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.

Want to find out more about the divorce process?

Simply contact us or call our mobile friendly number 033 33 22 1000 or 0800 987 8156 to book an initial consultation with our Family Law Solicitor.

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