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read this please we need advice asap

  • karenmarie
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06 Apr 09 #105383 by karenmarie
Topic started by karenmarie
My Father and his long term partner of 27 years want to marry. She has terminal cancer:(. Before they met she was married in scotland to an Irish man. They have not had contact in over 29 years. She had a child but died of cot death. no children or proprty to resolve between them. How can she go about to get divorced and marry my father asap as time is of the essence and she does not have a lot of strenth to do this all by herselfPlease forgive me if I'm on the wrong forum but as you can see we are desperate to know what course of action needs to be taken. Can anyone advice please.

  • marble1970
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07 Apr 09 #105552 by marble1970
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Well firstly sorry to hear of the circumstances surrounding your father and his partner. She could apply for a divorce on 5 years seperation but would need a reply from the respondent (her "husband") but if no contact in all that time that would be difficult. You may need to contact your fathers local court for advice after all the "husband" may not even still be alive. Maybe someone else on here can better advise but I would ask advise from the court first or your fathers solicitor if he has one and can afford it. Things may also be a litle different as the marriage was in Scotland. Good luck.

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07 Apr 09 #105573 by karenmarie
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Thank you for your reply hich is much apprecated.I shall try the route you have suggested. Again thank you.

  • Elle
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07 Apr 09 #105581 by Elle
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Karenmarie,

The time for uncontested divorce in Scotland is now 2 years. Contact your local court for direction and forms. It is a rather simple and inexpensive procedure. Best wishes to you all.

Elle x

  • Active8
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07 Apr 09 #105588 by Active8
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The fact that the marriage was in Scotland doesn't mean the divorce has to be there, in fact she may be able to choose which to use, Scotland or England (different legal systems, so one may be quicker than the other, worth checking it out).

She can certainly use English law. As she almost certainly won't be able to find her ex, the court would need to be asked to give directions to dispense with service, and in these circumstances that probably won't be too onerous.

the procedure isn't complicated but usually takes about 6 months. There are steps the court can take to foreshorten this. I did read once about the court managing to do a divorce in 24 hours in very exceptional circumstances, albeit with an exceptionally co-operative judge and where the other spouse was also to hand and co-operating.

  • karenmarie
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07 Apr 09 #105656 by karenmarie
Reply from karenmarie
Thank you Elle for your response. Much appreciated.

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