20 May 2019

A question about : Can you start divorce proceedings early?

With EX's consent? Let me explain.
We have been separated for 14 months, however, they didn't leave the country (we were living in the same house but not sharing anything) until April 2014. It was a mutual split so no blame game. The earliest we could divorce i guess is waiting for the 2 years which would be December of this year, however, i was wondering if, with their consent, could you apply sooner than this to get it all over and done with. What information do you have to provide regarding the separation etc? Thank you for your help in advance.

Best answers:

  • Just do unreasonable behaviour or adultery and there is no need to wait.
  • No, no third party. Im just being impatient and dont want to wait the 2 years, then an additional 6 months or so to actually get it finalized. As they are no longer in the country it will take longer as paperwork will have to to and fro and from past experience my ex is rather, shall we say, slack!!
  • OK
    Unreasonable behaviour - might include being "slack"
    Just agree the terms you use with them and hope the judge agree too.
    You can download the court forms and file yourselves.
  • No, we do speak still and its fine. No animosity so I cant go down any other route than the 2 year separated consent.
    I have actually downloaded the forms, but what i am getting at is i can I submit these before the official two years is up?
  • You need to wait two years before you can do separation with consent.
    What you might do is agree between you that one will divorce the other for unreasonable behaviour, and just exaggerate a few things (after all, there must have been some reason why you split up, surely "amicable" here just means the decision to split was mutual and you've managed it with as little unpleasantness as possible).
    This is what my then-husband did - we were going to wait two years but he met someone else and wanted to speed things up. I wrote a letter back saying I did not agree that the allegations were true but that I would accept them without prejudice for the sole purpose of the divorce proceedings and on the understanding that they would not be repeated anywhere else. And it all went ahead on that basis.
    It wasn't quite as nice as waiting two years would have been - even though you've agreed that it will happen, it's still a bit of a jolt to see all these nasty things about you written down in black and white and apparently he felt like a total heel while he was saying them all to his solicitor as well - but we managed to come out of it OK.
  • Really dont want to mud sling though. Could have done it last year when things were a little different, but time has healed, even though it was mutual. Could we get away with saying we separated earlier if i get the Ex to agree? is that possible or do they want proof? Not really sure you could prove it either way though.
  • It does not need to mud slinging and does not need to be horrible.
    My wife and I are doing it this way so we can move on. We see each other everyday due to kids etc.
    Just a case of write something the judge will accept and move on.
    I wanted to do it this way and she didn't because of the mud slinging. After she spoke to a solicitor she changed her mind. In many respects it takes more cooperation to do it this way.
  • You don't have to paint them as the devil for unreasonable behaviour - things like staying too late at work, didn't want to socialise together etc. are fine.
  • So its ok to lie about the reasons you split up, but not to say you split up earlier than you actually did?
    We both didn't want to be together any more. No attraction and a sexless marriage. Can you use that?
  • "We both didn't want to be together any more. No attraction and a sexless marriage. Can you use that?"
    Does not even need to be as bad as that but that I believe is fine.
  • Couldn't you say leaving the country was unreasonable behaviour?
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