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Wanderers Ways. Neil Thompson 1961-2021

Jol_BWFC

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Posts posted by Jol_BWFC

    Divorce

    in Terrace Talk - 'Classics'

    Posted

    Fruitbat;

     

    I'm in my final year at university, studying law, and next year will start my training as a solicitor (queue abuse). i mentioned before that I studied family law last year, and we looked at divorce. I had a look at our text book and the relevant statutory provisions. As regards you friend's situation:

     

    Mate of mine has been married 15 years and has a couple of kids.  

     

    He has never cheated on her (so he tells me) or been violent to her.  

     

    Out of the blue a couple of weeks ago,she said she didn't love him and wanted a divorce.  

     

    Mate is gutted as loves her to bits and thinks the world of the kids.  

     

    He is willing to try anything to save his marriage and keep his family together but she is stubborn and says no.  

     

    He doesn't want a divorce.  

     

    Can he be forced into a divorce or can he delay it for a certain period of time to see if he can persuade her otherwise ?  

     

    He doesn't see why the kids should suffer  

     

    Are there any legal eagles out there that can help.  

     

    BY THE WAY IT IS NOT ME UNLESS THE WIFE KNOWS DIFFERENT

     

    As I said, law in practice isnt necessarily the same as on paper, but the law as i have been taught it is that if your mate's wife has no grounds for showing that the marriage has irretrievaly broken down through his Adultery, behaviour or desertion, then the divorce can only be granted after a period of separation. This period is 2 years if your friend consents to the divorce, or 5 years if he does not want the divorce to go ahead. (but if the pair reach 2 years of separation and his Mrs still wants a divorce, is it worth delaying the process 3 more years?)

     

    I am in no way qualified to give you legal advice, and I would not purport to do that, but that is the law as i understand it. I would again suggest that your friend seeks some legal advice before he makes any fixed decisions.

     

    Hope it helps. Good luck.

    Divorce

    in Terrace Talk - 'Classics'

    Posted

    I wont disagree with anyone on here re length of separation needed for the divorce - it seems their knowledge of divorces far outweights mine. im sure that the practicalities of the law are different to law in books, but im a final year university law student. I studied family law last year, including divorce, so i will have a look at my notes and text book.

     

    as far as i remember, it must be shown that the relationship has broken down irretrievably. There is a difference between concensual and non-concensual divorces ie if your friend does not want to have the divorce, there must be a period of separation before a decree can be granted. I will try and find out how long this period is.

     

    However, if you have any access to a solicitor (friend or otherwise), they will know the updated law inside out, off the top of their head.

    Role Reversal: Man bites dog!

    in Terrace Talk - 'Classics'

    Posted

    What would swanny say??

     

    Anybody noticed Swanny's profile on here? -

     

    Joined:  09 Oct 2003  

    Total posts:  392

    [1.22% of total / 0.77 posts per day]  

    Find all posts by only1swanny  

    Location:  Little Lever  

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    Occupation:  Dogsbody for music industry  

    Interests: music, Wrestling

     

    :-k :-k :-k

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