- Posts: 1
A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce
You can fill in the forms before then if you like, but you can''t submit them to court until 5 years separation is up. Alternatively you could use unreasonable behaviour, but after such a long separation, it would have to be worded carefully (probably by a solicitor).
will the paperwork be started so that the divorce will come through on the date of the 5yr separation or does it get started then.
This is not quite true. First you have to get proof that he has received the papers, often by using a bailiff or process server. Then you apply for Directions for trial, and the court sets a Nisi date. There is no specific waiting period for this. It often takes around 6 weeks but this is not a rule, it''s just a factor of how busy the court is and when a judge is free to look at it.
I know that if he''d signed there would be a 6 week ''waiting period'' before the Decree Nisi was issued