Divorce

[jamesnan]

My sister and her husband intend to divorce,with the two daughters living with her. Her husband is the one who left home, and decided he did not want to be married any more, and has become involved with other women. Who would have to pay for the divorce, if she is the innocent party? She has had to take on the cost of the mortgage etc. already.

[tonywiltshire]

Provided your sister has been married for at least one year, the grounds need only be irretrievable breakdown of the marriage and to show this there are 5 facts on which the petition is based your sister will become the petitioner if she starts the action and her husband the respondent, she should consult a Solicitor experienced in this area of law as soon as possible if for no other reason to prevent her giving up any legal rights she may have because she does not understand the law , she may be eligible for legal aid which the solicitor will deal with. It may be far easier if they can agree on a financial solution and the arrangements for children, housing and any other matters as early as possible; this will make the directions and statement of arrangements as simple as is possible.
Unfortunately there may be some reduction of living standards caused by the divorce. First a decree nisi (meaning unless) will be pronounced followed some 6 weeks and 1 day later the petitioner can apply for the final decree.

[jamesnan]

Tonywiltshire - thank you for the information. They have been married some 18 years, she has taken on the mortgage repayments, and her husband is paying 20% of his wages into her account for the daughters. She has asked him for the divorce, because he does not want to be living a life of a married man, and prefers to be free to go with other women and have his own home. He has said he does not want to divorce her, but will do so, and if necessary will pay for it. All his debts etc are paid by him. Will the one off payment of £340 as advised by the divorce information website be the only payment necessary if it all goes ahead with no other problems. Thank you for your help at this time.

[tonywiltshire]

From what you say it seems unlikely your sister will get legal aid but if her husband is prepared to accept all costs she should take him up on this offer whilst he appears to be behaving reasonably, which is not always the case and may change. Make sure the mortgage provider will accept your bil has his name removed from the mortgage document as they will need to agree. Her will, if she has made one, also needs to be considered following the decree absolute. There is usually a drop in living standards following a divorce which your sister may wish to take into account.

[tamborine]

DIY for £350 if they're both agreeable.

http://www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/Endingamarriageorcivilpartnership/Gettingadivorce/index.htm