divorce whether you want it or not

[amanda654]

if someones applies staright to the court for a divorce,where does the innocent party stand if they dont wish to agree to this ?

[fredpuli47]

If by " innocent party "you simply mean that they don't agree, and the person applying has no other grounds, the law in England and Wales is that the parties have to have been separated for at least five years before one can petition successfully for divorce when the other does not want a divorce.( If the two parties agreed then the separation need only be two years).

Otherwise they must rely on the other's adultery, or unreasonable conduct, or that the other party has deserted them for two years. They have to show, in all cases, that the marriage has irretrievably broken down

[amanda654]

To Fredpuli47. Thankyou for your helpful reply ,do you think it still stands for a seperation though if it has gone straight to a court -again without the innocent party knowing nothing about the it?

[fredpuli47]

I don't understand your reply. Are you asking whether a decree of judicial separation, rather than a divorce, can be obtained without consent of the "innocent party" ? The answer to that is that the position is exactly as for divorce; the couple would have to been separated for five years.

Or are you asking whether someone can go to court and apply for a divorce without their spouse knowing? No. They can start proceedings, with a petition stating the grounds (above) on which they seek a divorce ,but that document has to be served on the other spouse.You can't be divorced in Britain without knowing the proceedings are starting and being able to put your side of the case, and defending it , arguing there should not be a divorce.