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My husband has told me he wants a divorce as he wants to be with his mother. Can I divorce him for unreasonable behaviour? — by Maria Mason — last modified 2008-09-06 17:24

My husband has recently told me that he would like a divorce but he has not given me any good reasons for wanting a divorce other than he wishes to be with his mother!!!!! I have tried in vain to reconcile the matter but have had no luck as his family are extremely controlling and will not let us reconcile. I would like to start divorce proceedings and would just like to know what I am entitled to, we have a home, car etc ... Also, because my husband has asked for a divorce for a bizarre reason, can I divorce him on the grounds of unreasonable behaviour?

I can't find my husband so can I divorce him as it has now been three years since I last saw him? — by Maria Mason — last modified 2008-09-05 10:55

I can't find my husband so can I divorce him as it has now been three years since I last saw him?

Is it possible to commence divorce proceedings if we are still living together? — by Maria Mason — last modified 2008-09-05 09:37

Is it possible to commence divorce proceedings if we are still living together? We run a B&B and also have another small business. We have agreed that this is not the best time to sell up and we have children still living at home. We have been married for 28 years and no other parties are involved. We have been in separate bedrooms for two months. What do I need to do in the first instance?

My husband and I got married in June and have now separated. We have not consummated the marriage. Is it possible to get an annulment? — by Maria Mason — last modified 2008-09-04 12:38

My husband and I got married in June this year. We had serious doubts about the wedding and our general relationship together and we have not yet consummated the marriage and shouldn't have gone through with the wedding in the first place. We are now separated. Is it possible for us to get an annulment as we did not enter the marriage thinking that we would spend the rest of our lives together? If yes, how do we go about it? Or do we have to wait a year and file for a divorce then?

My husband and I are separating and I have just found out that he has loads of debts. Will I be liable for any of these debts? — by Maria Mason — last modified 2008-09-02 20:38

My husband and I are separating but he has loads of debts which I have just become aware of, including utility bills that have not been paid. Will I be liable for any of these debts if he should just take off as he has threatened to do? We have two small children as well.

I am in the process of divorcing my husband but we are considering reconciliation. Is it possible to put the divorce on hold and, if so, for how long? — by Maria Mason — last modified 2008-09-02 20:06

I am in the process of divorcing my husband and am at the stage of returning my sworn Affidavit to my Solicitors. However, my husband and I have spoken about a reconciliation so my question is whether you are able to put a divorce on hold and, if so, for how long? If the marriage then doesn't work are you able to continue with the divorce where you left it or would you have to start from the beginning again?

I am getting divorced and planning on moving in with my new partner but who will be liable for paying the mortgage on the former matrimonial home when I leave? — by Maria Mason — last modified 2008-09-01 21:00

I am currently going through a divorce. I am living in the marital home, paying the whole mortgage but I am planning on moving in with my new partner and living in his house. When I do, who will be liable for paying the mortgage once the house is empty? Would it be split 50/50 or do I need to still pay it?

My sister-in-law is getting divorced, her husband is refusing to sell the house and she has been advised she will lose her share of the equity if she leaves the property. Is this correct? — by Maria Mason — last modified 2008-08-21 11:56

My sister-in-law is going through a divorce and she and her husband decided to sell the marital property. They have received an offer but her husband is now refusing to sign the papers to complete the transaction. He has been violent in the past and was again recently when the police were called to sort out the situation. She has been advised that she will lose her 50% share of the equity within the property if she leaves the marital home - is this correct?

If I buy my husband out of the marital home prior to divorce, can this be made a full and final payment to prevent him asking for more later? — by Maria Mason — last modified 2008-08-20 12:38

My husband and I are separating with a view to divorce at a later date. If I buy my husband out of the marital home prior to the divorce, can this be made a full and final payment to prevent him asking for more at a later date?

I want to divorce my wife based on five years separation but I know she will ignore the papers. Should I try to employ someone to serve the papers on her? — by Maria Mason — last modified 2008-08-20 12:15

I left my wife in July 2003. Upon leaving I signed over 100% of my house to her as a verbal agreement to the separation and divorce. We have no children. Since 2005 I have been in a new relationship and wish to re-marry. My wife will not agree to a divorce (I petitioned for divorce on grounds of two years separation with consent in 2007) but she did not respond to the papers at all. She is refusing all contact with me and I am pretty sure that if I petition on the grounds of five years separation without consent she will ignore the papers sent to her. What do I have to do to prove to the Court that she has received the Petition if she refuses to communicate? Should I try to employ someone to serve the papers on her?

Where can I look to see if my husband has divorced me? — by Maria Mason — last modified 2008-08-20 11:07

Where can I look to see if my husband has divorced me? He now lives in Australia and I know through connections he has told his new partner that he has never been married so I wonder if he has divorced me without my consent. We have been separated over five years.

Once the Decree Nisi has been pronounced is it possible to cancel it even if the other party still wants a divorce? — by Maria Mason — last modified 2008-08-19 11:57

Once the Decree Nisi has been pronounced is it possible to cancel it even if the other party still wants a divorce? My present partner and I are divorcing our previous partners and want to get married but we are concerned that our previous partners may attempt to cancel the divorce proceedings if they find out we are getting married to prevent it happening.

After divorce, how long do you have to wait to re-marry? — by Maria Mason — last modified 2008-08-18 19:28

After divorce, how long do you have to wait to re-marry?

Are divorce and settlement two separate legal matters that can be dealt with in a 'divorce first, settlement after' order? — by Maria Mason — last modified 2008-08-18 12:01

Are divorce and settlement two separate legal matters that can be dealt with in a 'divorce first, settlement after' order? I'm looking to get divorced and I'm under the impression that the divorce and the settlement can be dealt with separately. I plan on filing the divorce Petition myself, and after this is sorted contacting a Solicitor about formalising our financial arrangements. My wife and I are on very good terms and have agreed informally the division of assets. The only marital asset I'm concerned with is the house which is in joint names. One of my friends has become concerned that being divorced first may leave me with less rights to marital assets and that I should deal with both matters together.

I want to separate from my husband. The tenancy of our Council property is in my name only, does he have any rights to remain in the property? — by Maria Mason — last modified 2008-08-13 13:36

I want to separate from my husband, with a view to divorce, because his behaviour is making me ill and I feel I no longer love him. I have one child from a previous marriage and we live in a Council property, the tenancy of which is in my name only. Does my husband have any rights to remain in the marital home?

I have not seen my husband for 18 years and have no idea where he is. Am I still able to get a divorce and, if so, how do I go about it? — by Maria Mason — last modified 2008-08-13 12:23

I have been separated for 18 years and would like to get a divorce. I have not seen my husband in 18 years and have no idea whatsoever where he is or whether he is dead or alive. I have also been unsuccessful in trying to trace him. Am I still able to get a divorce and, if so, how do I go about it?

My wife and I are separated and are going to wait two years for a divorce but should we have some type of agreement in writing? — by Maria Mason — last modified 2008-08-12 11:16

My wife and I are separated and she is willing to wait two years until the divorce but we have nothing in writing as yet. What is my position regarding an agreement? The home is in my name only which I owned before we became involved, is she still entitled to half? I am living in the house at the moment but if i start any proceedings I will make myself homeless that much quicker as I can't afford to buy her out. Should I wait until she starts proceedings? We both want to try and keep it friendly so what's the best way forward?

I am separated from my husband and he is saying that I am not entitled to anything as I had an affair. Is this right? — by Maria Mason — last modified 2008-08-11 12:52

I left my husband two years ago due to the breakdown of the marriage. I have taken only £50.00 from our account in all that time. We have recently had endowments come out and I have asked him if we can now talk about the financial side as I need some of my money. He says I am not entitled to anything i.e. the house, the contents or any savings as it was me who had an affair. All I am asking for is a fair share of what is owed to me. Can you please give me some idea of my entitlement? At the time I did not take anything so as not to upset him further but he is now saying that I did not want anything. We have been married for 31 years. Can you please help?

My wife is planning to divorce me for unreasonable behaviour and take everything. However, I have found out she has had at least one affair - should I immediately petition on the grounds of her adultery? — by Maria Mason — last modified 2008-08-08 11:54

My wife is planning to divorce me probably by trying to state "unreasonable behaviour" and is going to try and take as much of my money as she possibly can. We have a house but the Deeds are in her name and she is planning to take that, although I will be filing a MH1 form with the Land Registry to contest this. However, I have now discovered, and have concrete proof, that she has been having one or possibly more sexual affairs while I was out of the country working. Should I file for immediate divorce on the grounds of adultery and if so would this void her claims to any of my property? Could I do this myself or would I need a Solicitor or could the Citizens Advice Bureau help ?

My wife wants me to leave the house but I have nowhere to go. What should I do? — by Maria Mason — last modified 2008-08-06 13:34

My wife and I are separating, she wants me to leave the house but I have nowhere to go and can't afford to pay the mortgage or rent on another property. What should I do?