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We were married in Zimbabwe but now live in the UK. Can I file for divorce here in the UK? — by Maria Mason — last modified 2008-07-08 13:45

I would like to know if I can file for a divorce here in the UK when we were married in Zimbabwe. My husband and I are based here in the UK. We have been separated for over a year now. We are on a five year work permit. I would like to divorce him on the grounds of unreasonable behaviour as he has been violent and abusive towards me.

I wish to end my marriage on the grounds of irretrievable breakdown, how long will it take and will it be straightforward? — by Maria Mason — last modified 2008-07-07 18:37

I wish to end my 38 year marriage on the grounds of irretrievable breakdown, my husband will not contest my application. Could you inform me how long it will take and how much a solicitor would cost to apply for the divorce and will it be straightforward? For the foreseeable future we would both live in the marital home until we felt the situation was unworkable.

My wife has walked out on me and wants me to buy her out of her share in the house. How do I do this? — by Maria Mason — last modified 2008-07-07 14:32

My wife has walked out on me. I am still living in the house and she has said that she wants me to buy her out. The house has a mortgage on it so how do I go about paying her off? I can get a bigger mortgage to cover her half but I would like to do this without large legal fees. Can you give me some advice on what I should do?

If my wife names my new partner as co-respondent, what implications does this have for my partner? — by Maria Mason — last modified 2008-07-07 12:35

My wife is divorcing me on the grounds of adultery - which I agree to. However she wants to name my new partner as co-respondent. What implications does this have, legally and financially, for my new partner?

My friend is considering divorce but his father has recently died. At what point would his inheritance form part of the matrimonial assets? — by Maria Mason — last modified 2008-07-06 21:36

My best friend's marriage has broken down and he intends to go for a divorce. His father recently died and left a house and some belongings. At what point would his inheritance form part of the matrimonial assets which would have to be shared with his wife on divorce? He will definitely receive a part of his father's estate, the only variable is time.

Should my husband still have to pay maintenance to his ex-wife when she is co-habiting? — by Maria Mason — last modified 2008-07-06 21:06

My husband has been paying spousal maintenance to his ex-wife for the last five years but for the last three of those years she has been co-habiting with her partner and they now intend to move to their house in Portugal together. There are three children, one of who is over 18. Does he have to continue to pay this?

I married an American in 1992 but three months later she went back to the USA and I haven't seen her since - am I still legally married? — by Maria Mason — last modified 2008-07-04 14:03

I got married to an American girl back in 1992, things broke down very quickly and three months later she went back to the USA - I haven't seen or spoken to her since, am I still legally married?

I want to get divorced, my husband is in agreement - what grounds could I state? — by Maria Mason — last modified 2008-07-02 17:53

I have been separated for three and a half years and now want to get divorced. My husband says that he will agree to the divorce, there has been no violence and no adultery that either of us would claim - what grounds could I state?

If my wife divorces me for adultery will she gain any extra rights in the eyes of the Court in regard to cost claims? — by Maria Mason — last modified 2008-07-02 14:14

My wife is filing for divorce on the grounds of adultery. It would be easy for me to make this true, or I could object. We both want a divorce, although aren't speaking to agree anything. Does she gain any extra rights in the eyes of the Court (especially in regard to cost claims) if I were to agree to the adultery, or is it better for me to object and change it to unreasonable behaviour?

My partner is getting divorced and his wife states we are co-habiting. If I stay up to, or more than, four nights a week at my partner's house, is this classed as co-habiting? — by Maria Mason — last modified 2008-07-02 13:12

My partner is getting a divorce and his wife is stating that we are co-habiting. Although I do stay quite a few nights, we are not living together. I have my own house in my name and also a job 100 miles away, this is why I stay overnight. If I stay up to, or more than, four nights a week at my partner's house, is this classed as co-habiting?

Is it legal to get engaged if you are not yet divorced from your ex-partner? — by Maria Mason — last modified 2008-07-01 14:14

Is it legal to get engaged if you are not yet divorced from your ex-partner?

Will my disability be taken into consideration when deciding the divorce settlement? — by Maria Mason — last modified 2008-06-30 13:09

I am at present going through a divorce. I am 20% disabled, will my disability be taken into consideration when the settlement is being decided? I have been married for twenty years and before I was married I owned my own house and bought another property with this money. Will I get some of my money back?

I am divorcing my husband on the basis of his unreasonable behaviour but want to put a hold on the proceedings. How long can I wait before swearing the Affidavit etc? — by Maria Mason — last modified 2008-06-27 15:35

I have filed a divorce Petition in February 2008 (on the grounds of unreasonable behaviour being adultery and previous domestic violence) and my husband has acknowledged and signed it and sent it back to the Court. He is going through a professional bad patch and at the moment I do not want to proceed further. We are still living in the same house with our two children. Is there a validity period by which time if I do not swear the Affidavit etc, then my Petition will lapse? If I want to proceed after one year, can I still do that?

My husband and I have separate bank accounts. If we separated would he be entitled to half of the monies in my account? — by Maria Mason — last modified 2008-06-27 12:14

My husband and I have separate bank accounts and my wages are paid into mine. Would my husband be entitled to half of the monies in my bank account if we separated with a view to divorce?

Can I stop my wife from using my surname once we are divorced? — by Maria Mason — last modified 2008-06-27 11:48

My wife and I are in the process of getting divorced but she wants to retain her married name even when the Decree Absolute comes through. Is she able to do this legally? My thought is if I'm not good enough to be her husband she's not good enough to have my name but can I prevent her legally using my name?

I am due to sign a joint mortgage with my new partner but he does not have a clean break Order, could his ex-wife claim against my home? — by Maria Mason — last modified 2008-06-25 17:03

Does my new partner require a clean break Order from his ex-wife? He pays maintenance for his children and has been divorced for three years. I am due to sign a joint mortgage with him and am worried in case his ex-wife claimed against my home which has a large amount of equity in it.

I married my South African husband ten years ago and we separated eighteen months later and lost touch. How can I find out if we are still married? — by Maria Mason — last modified 2008-06-25 16:41

I'm British, my husband is South African, and we married in England ten years ago. We separated about eighteen months later and he has since returned to South Africa. I have also been travelling and have not spent much time in the UK until recently. I need to find out if we are still married and I am having trouble finding this information and would appreciate any advice.

Do I need to have a 'clean break' to safeguard my pension fund from future claims by my ex-wife? — by Maria Mason — last modified 2008-06-25 13:39

I am starting divorce proceedings but it is a simple divorce where everything has been legally divided with the help of a Solicitor. Do I also need to have a 'clean break' to safeguard my pension fund from future claims by my ex-wife, or is it automatically protected by being divorced?

I am separated from my husband, can I legally change the locks on our jointly owned home? — by Maria Mason — last modified 2008-06-25 12:29

I am currently separated from my husband. Can I legally change the locks on the home that we jointly own to prevent him access in my absence?

My wife attacks me and smashes up the house. She has now said she will ruin my company and take everything I have. Can she do this? — by Maria Mason — last modified 2008-06-24 12:05

I have been married for four years and the marriage has not been good for a long time with my wife's constant jealousy. Every time I see my family she flies into a rage and usually ends up assaulting me and smashing the house up. The last occasion ended up with me having to call the police who arrested and charged her and she was given a police caution. Now I not only fear for my life as she has threatened to stab me, but she has also stated that she will ruin my company and take everything I have. Can she do this? I own the house and did so before we were married, however I purchased my company after we were married.