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Does she have to agree to a divorce?

Tagged as: The ex-factor<< Previous question   Next question >>
Question - (9 February 2008) 2 Answers - (Newest, 9 February 2008)
A female United Kingdom age 41-50, *ouise32 writes:

hi its me again, i have another question for your help with. My partner has spoken to his ex-wife about getting divorced and she said yes, but has not done anything about it. my question is can he get divorced without her sayin yes or does she have to agree?

View related questions: divorce, ex-wife, his ex

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A male reader, Namatjira United Kingdom +, writes (9 February 2008):

In the UK you need to state what irreconcilable differences have cause the break down in the marriage. You must be separated for 2 years for a separation to count as a reason.

If you have been separated for 5 years or more you do not need the agreement of your husband for the divorce but if less than 5 years he will have to consent to the divorce. If he does not consent to the divorce you can still get one but you will have to fight it out in court which is more expensive and although you will likely win (the act of fighting it out often provides enough evidence that it has broken down) there is no guarantee that you will.

I recommend that you get yourself a switched on feisty divorce lawyer who is not afraid of a battle but at the same time is inclined to try more peaceful solutions first.

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A male reader, BadVoice United States +, writes (9 February 2008):

Hmmm, are you the gal who wanted to know if you could get engaged while your partner is still married?

Anyway, yes she has to agree to the 'divorce' for it to be an easy divorce. But if they have been seperated for awhile it should be very simple and easy.

If she does not agree to the divorce, they can still get a divorce, but it will be more complicated and take longer to get one. All he has to do is to go and file for a divorce and everything will come together. Good luck to you both

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