Divorce after judicial separation

HI
Please could I ask for advice on the following for a friend of mine. He has got to Nisi stage but his stbx now says she does not want a divorce, only a judicial separation. SHe is threatening not to agree financials (and be very difficult) if he does not put in for a judicial separation at the same time as the finances are agreed. His question is can he jsut go ahead and do this and then apply for Absolute later? Or does a judicial separation preclude subsequent divorce? If he can later divorce what is the maximum time that can elaspe between Nisi and application for absolute? Thank you for any advice anyone can give:)

I''m not 100 % sure, but I hope that what I have to say may be of some help.

There must be many people in this country who are divorced against their wishes. The fact that the other party does not consent to the divorce doesn''t mean that the divorce can''t go ahead - unless, of course, the grounds for divorce is consent.

It''s always possible to withdraw a divorce petition, and it sometimes happens when there is an attempt at reconciliation. As far as I know, only the Petitioner can withdraw the Petition. So if your friend doesn''t agree, there''s not a lot his ex can do about it.

No, a judicial separation doesn''t mean that a subsequent divorce is not possible. People can and do have trial separations. A small number of people prefer JS to divorce for religious reasons. So a two stage divorce - JS followed by a full divorce - is not unknown.

As for refusing to co-operate with the financials - oh dear, we come across it all the time. Not in itself a reason for not divorcing, of course, but it does make life more difficult.

I''m not 100% sure, but I don''t think I''m all that far out.

LMM

Thanks. He wants to agree to the JS for now to help get the financials sorted (I know it''s separate but if she gets difficult things will be horrible) but once dust is settled he wants to divorce on 5 years separation (it''s her that doesn''t want to on religious grounds as you say). From what you say this should be possible. Thanks.
One more question , how long can be said before Nisi becomes invalid?

I don''t think there is any fixed time. But the Court can always refuse the Absolute if there has been serious delay. Delay might possibly prejudice the original grounds for applying for divorce.

LMM