donkeyburns Posted March 11, 2014 Share Posted March 11, 2014 I separated from my wife over 10 years ago but we kept the house and she stayed in it. Because of a breakdown in another relationship 2 years ago I moved back into the house, with her reluctant permission and we lived separate lives etc until Jan last year when I bought her share of the house and she moved out. I have only recently filed for divorce and I have done it all myself as its pretty straightforward as no kids or financial matters to sort. The problem is that the decree nisi has been refused by the judge because we lived in the same house. I have asked at the court what I need to produce to prove we were not living as man and wife and I am sure its not a unique situation but they would / could not tell me what I needed (I think thats a bit strange but they were insistant they could not tell me) Has anyone has any experience of such and what do I need to produce? Thanks in advance Link to comment Share on other sites More sharing options...
999tigger Posted March 11, 2014 Share Posted March 11, 2014 I think your post is quite difficult to understand. I got the following. 1. You were married and then you separated 10 years ago. 2. The wife stayed in the house and you left. 3. You were in another relationship and there were no children. 4. 2 years ago you moved back into the matrimonial home even though you were separated. 5. About 16 months ago you bought your wifes share of the house. 6. Your wife leaves. Well it might the following 1. To get divorced you have to prove irritrievable breakdown based on one of five facts. Which fact were you claiming? Were you clear in your form which ground it was? I will assume iit was the two years seaparation ground? The judge was obviously not convinced you provided him with sufficient evidence that you were in fact living apart. If you were living under the same room he will assume you were living together. You have to provide evidence you were living entirely separate lives that means no sharing bed, household chores, meals, bills etc. You may have correspondence separate bills etc. Thats the way to show you were separated even if under the same roof. It is a very difficult thing to do. Alternatively as she physically left last January, then you could wait till next January and get divorced as she would have been away from you for two years. I think that will be your option. Link to comment Share on other sites More sharing options...
donkeyburns Posted March 11, 2014 Author Share Posted March 11, 2014 Thanks for that and you have the circumstances spot on. We went for the 5 year separation as it had been longer than that. The court forms do not give any room to put any circumstances so it could not be explained to the judge. Someone has suggested we need to provide a statement of fact drawn up by a solicitor to say we lived separate lives so I suppose I will contact one to see if that is correct. The court do not or will not give guidance on this which would make it easier. Thanks anyhow Link to comment Share on other sites More sharing options...
999tigger Posted March 11, 2014 Share Posted March 11, 2014 Thanks for that and you have the circumstances spot on. We went for the 5 year separation as it had been longer than that. The court forms do not give any room to put any circumstances so it could not be explained to the judge. Someone has suggested we need to provide a statement of fact drawn up by a solicitor to say we lived separate lives so I suppose I will contact one to see if that is correct. The court do not or will not give guidance on this which would make it easier. Thanks anyhow You could have just added an extra sheet. Yes you could draw up a separate statement saying that was the case, but it's quite a tough test to pass. There is no guarantee that a statement itself will be sufficient as far as I know. It has to convince the judge you had entirely separate lives throughtout the two years. For all he knows it looks like a reconciliation. The courts are too busy overseeing the administration rather than being your legal adviser. They will have seen you were sharing the same house and just rejected you application. I assume theres some pressing need why you wamt a divorce now having waited ten years and not acted? Good luck anyway. Link to comment Share on other sites More sharing options...
Anna B Posted March 12, 2014 Share Posted March 12, 2014 Can you not wait a bit longer until you have lived separately for 2 years? Link to comment Share on other sites More sharing options...
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