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Separation

Separated person with daughters

Often, people who have been separated for a long time but remain married have not begun divorce proceedings for many different reasons. Some people are reluctant to admit that the marriage is finally over. Some people are worried about the costs associated with divorce. But for some, the main factor preventing them beginning proceedings is that they do not want to dredge up the past or become embroiled in complex legal issues. This does not have to be the case; if you have been separated for a long time you can begin divorce proceedings based on the length of your separation.

Often, if you have been separated for a long time many of the issues which complicate divorce proceedings have already been resolved. For instance, you will probably have already separated your finances and property. You will also have reached some form of arrangement with regards to any children or dependents who may be involved.

Having been separated for a long time before issuing divorce proceedings can also reduce the cost, both emotionally and financially, as the complicating factors are greatly reduced.

Two years’ separation

If you and your spouse have been separated for over two years, you may file for divorce on these grounds. Please be aware that divorce on the basis of two years separation requires that you have been separated for two years preceding the petition AND that the other party consents to the divorce.

Assuming this is the case, the proceedings can be relatively simple, with minimal stress on your behalf.

Five years’ separation

If you have been separated for over five years you may apply for divorce on these grounds. If this is the case, all you have to show the Courts is that you have been separated over five years.

Have you made a new Will since your separation? If not, then your ex is still your next- of-kin and next in line to inherit from you before your children!!

Speak to us

Why not book a free, no obligation appointment with one of our experienced team to discuss your situation? We have 19 offices throughout the East and West Midlands and we can also offer home visits where this is more convenient. Call 08700 120 130 or email info@aprilking.co.uk to make an appointment with your nearest office. You can also order our free divorce guide here.

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