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can I file?

  • averageguy999
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03 Jan 08 #9875 by averageguy999
Topic started by averageguy999
My Thai wife left me over 2 years ago and went back to Thailand and I have had no contact with her since.
I don't know where she lives and believe she won't get in touch in the future. However I would like to divorce her so that that era of my life is over and done with.
I am NOT wanting to re-marry but just want to protect my belongings so that if anything happens they will go to my daughter and not her.
Can I file under deseration???? :dry:

  • sexysadie
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03 Jan 08 #9877 by sexysadie
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The solicitors here will be able to advise you better about desertion. But you can protect your daughter's inheritance now simply by making a will. I did it as soon as I started proceedings. There is a statement that you put in with it that says your wife has no claims as you are no longer living together - get the solicitor to draw that up for you so the form of words is correct.

Sadie

  • mike62
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03 Jan 08 #9878 by mike62
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averageguy,
Unfortunately you would have to wait five years to file under desertion.

After 2 years you can file by mutual consent. Other than that it is Unreasonable Behaviour or Adultery.

To file for these reasons, the petition needs to be served on your wife, which sounds like it is unlikely.

As Sadie suggests, get a will made in favour of your daughter / family and excluding your former wife.

Best of luck

Mike

  • Fiona
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03 Jan 08 #9890 by Fiona
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I think Mike is confusing separation without consent after 5 years with desertion. It's possible to petition when "the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition."

  • ariesgirl63
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03 Jan 08 #9915 by ariesgirl63
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Yes, you can file for desertion where your spouse deserted you without your consent for a continuous period of at least two years. I think, however, that this ground of divorce has been abolished in Scotland.

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04 Jan 08 #9928 by Fiona
Reply from Fiona
That's correct, desertion has been abolished in Scotland, although I think it's safe to assume averageguy999 lives in England or Wales otherwise he wouldn't need to wait beyond 2 years to divorce using separation without consent!

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