four year auto divorce?

[itsmatt]

I have been told at work that if married couple in the uk have been living separately for four years or more then the decree absolute is automatic even if one of the parties does not want to sign the form, is this true?

[Greedyfly]

Seems unlikely to me

[Greedyfly]

http://www.direct.gov...ingadivorce/DG_191978

[mike11111]

No, but true after 5 years.

[jno]

one party has to want it - just living apart won't make it happen, you have to ask

[Bambiagain]

Not even true after five years. You still have to get the signature of the other party if his/her whereabouts is known.

[Buenchico]

It's 5 years, not 4.

Quote:
"If you and your husband or wife have lived apart for more than five years you can use this as a reason for divorce. If this has happened, you can apply for a divorce without your husband or wife’s agreement.

This will usually be enough to get a divorce. But your husband or wife can object if it will cause them ‘extreme’ difficulties - usually financial."

Source:
http://www.direct.gov...ingadivorce/DG_193734

Chris

[mike11111]

I took it as read that one party wanted a divorce.

[Bambiagain]

If the other party wants to be obstructive they can make it difficult. It took me nearly a year to get divorced - in the end I had to prove to the court that my then husband had been avoiding being served with papers. Fortunately I had written proof, but the court until then had insisted on going through the process of getting him to sign.

[jno]

mike, I sorta did too, but the OP doesn't actually say so

[tonywiltshire]

As has been said someone has to start the process and they would be the petitioner, the papers can be obtained on line or through your local county court, if it is straightforward with no financial issues, property or children it can be done quite cheaply without a solicitor. The grounds for the divorce would be irretrievable breakdown of the marriage and the time limits in England & Wales would be two years if both parties agree and 5 years if one party does not agree, a decree nisi (meaning unless) is issued followed at the request of the petitioner just over 6 weeks later by the decree absolute you are then no longer married. The entire process may take 3/6 months.

[EDDIE51]

Just a word of warning , Do not give up on this and think it will not matter!
Remember the post a month or two back ?
A woman had had not seen or had contact with her husband for over 35 years but had not divorced him. When she died he reappeared to claim her estate of over a £million. He got the lot, nothing anyone could do as she had never bothered getting a divorce.

[craft1948]

It's 5 years.............

[upsetspouse]

I am going through the same thing you can get divorced after being separated for 5 years without the other parties consent although they will also be served with the divorce paperwork

[pdust]

its 5 years

[DaisyNonna]

That is so unfair.