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Agreeing a seperation date

  • Gromble
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22 Dec 11 #303131 by Gromble
Topic started by Gromble
What is taken into account when agreeing the seperation date?

My STBX decided a year ago to seperate and split up our joint cash, but then decided to call a halt to proceedings and see if things could change.

Unfortunately, they didn't but can we still use that date as our date of seperation if we both agree to? Do we need to provide any sort of evidence to support this?

What's to stop a couple agreeing to divorce today, for example, then simply stating they agreed that a year ago just to speed things up?

  • rubytuesday
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27 Dec 11 #303507 by rubytuesday
Reply from rubytuesday
How long did the reconciliation last? If it was just a couple of weeks or so, then II simply wouldn't mention it to the sols

If during the separation period you have lived together temporarily for not more than six months in all, in a final attempt to make the marriage work, you may still be eligible to apply for a divorce under the simplified procedure.

For example, if during the separation period you have attempted a reconciliation for five months then you must wait:

either: for at least one year and five months from the date of the original separation (and obtain the consent of your x2b).
Or: for at least two years and five months from the date of the original separation before applying for a divorce (no consent required)

If both parties agree the date, then there is no need to produce any evidence. My ex stated our relevant date was sometime in November, when we actually didn't formally separate until Boxing Day - I wasn't going to argue over a few weeks.

  • WeeKate
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27 Dec 11 #303516 by WeeKate
Reply from WeeKate
In Scotland, in acutality, its what you both agree on

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