Divorce by default - is there such a thing?

[FlamingParrot]

I'm posting this for a friend of a friend, who has been going through divorce proceedings for a long time! Her hubby's solicitor has repeatedly sent her divorce papers which she has so far refused to acknowledge or sign. She has been given an ultimatum, basically if she still refuses to sign them then the divorce will go ahead without her agreement. Is this possible? If so, what would be the criteria for someone to be able to get divorced when the other side refuses to co-operate?

[MissFM]

Re: Divorce by default - is there such a thing?

Not sure of the exact rules FP but pretty certain that it will go ahead - will find out more for you over next couple of days but divorce is now no-blame and fairly equitable (in theory) as to outcome. I think if there are no urgent grounds the 2 - year rule still applies. Hope and trust that, as usual, a more knowledgeable Beagle will be along shortly to clarify/correct this! x

[labman]

Re: Divorce by default - is there such a thing?

Have you seen this?

http://www.divorce-guide.co.uk/

[Inca]

Re: Divorce by default - is there such a thing?

I just signed straight away to get rid of my ex.

[The Debt Star]

Re: Divorce by default - is there such a thing?

He can apply for a divorce without her consent after 5 years' separation.

[jon1965]

Re: Divorce by default - is there such a thing?

The 5 year rule was my understanding as well

[labman]

Re: Divorce by default - is there such a thing?

He can apply for a divorce without her consent after 5 years' separation.

The 5 year rule was my understanding as well

Taken from my link above:

Separated for Two or Five Years

Separated for two years
A court will accept a separation of a period of two years or more* as proof of the irretrievable breakdown of your marriage if both you and your partner agree to the divorce.
*The period of two years will still be considered to be continuous if you have lived together for up to six months during that time.

Separated for five years
It is possible to apply for a divorce without your partner's agreement if you and your partner have been separated for a period of five years or more. Your partner can contest the divorce on the grounds that it would cause unreasonable hardship but it is unlikely that this will be considered grounds to refuse the divorce.