Legal Separation

Hi,

I'm looking for advice about how to go about getting a legal separation from my partner, it's not going to by mutual consent as my partner won't accept that our marriage is over but I need to move on with my life. Is there a cheap way of doing this as I don't and can't afford the cost of hefty Solicitors' fees, we have decided that we don't want our child in the middle of this and have agreed joint custody, but how do I get the ball rolling on this and can I be legally separated while still in the same house as my partner.

Thanks in advance.

You can go to mediation. Its free but there are waiting lists. Once a mediated agreement is concluded ( but it is non binding) you could get a solicitor to draw up a legally binding separation agreement.

I think your big issue , though, is with the fact that your partner will not accept that the marriage is over which may well make mediation a total non runner.

mf

Thanks for your response mf, I don't really understand how to go about this if my partner will not agree to separate, do I have any way of obtaining my separation legally on my own here, there are no violence or related issues just an unwillingness on my partner to face facts, I cannot live this lie anymore and just want to have my own life back.

Poochie1967 said:

Thanks for your response mf, I don't really understand how to go about this if my partner will not agree to separate, do I have any way of obtaining my separation legally on my own here, there are no violence or related issues just an unwillingness on my partner to face facts, I cannot live this lie anymore and just want to have my own life back.

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1. Go to a solicitor and commence Judicial Separation proceedings

or

2. Attempt to issue Judicial Separation proceedings yourself. I do not recommend this course of action.

Many people find it hard to accept that a couple are not bound to stay together and, inasmuchas one person decides that they clearly can't stay in the marriage , it is possible for the other party to close their eyes to that and hope that it will all just go away. This is why cases often drag on forever and settle only on the day of court - the reason being that, until that precise day when the Court is sitting and the case is ready to go on, one person still does not quite get it. I call it "the day the light goes on" - and it does not matter how many times someone has been told, reminded and advised - until that light goes on, the only thing that will make them deal with it is a court date.

mf

Hi

I got a legal seperation, it cost me 2k and I'm sure it cost my ex the same or more. I am going to apply for a divorce, its going to cost another 600e but that going the DIY way, other than that I was told to expect 5k. I agree with the last poster about the "light goes on moment" however I'm not sure a court date will make that happen when you can't just walk away from him when its over. Maybe some counselling will help.... it doesn't have to be about making it work... it can be helping your ex to understand and accept that its over.

Whatever you decide, I wish you the best of luck and hope it gets easier.