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We proposed on behalf of our client to the husband that our client would initiate divorce proceedings on the ground of 2 years separation with consent. Unfortunately the husband refused to accept the marriage was over and would not consent to the divorce.
We held an initial free consultation with our client, where we took a full statement of the relevant facts, including the breakdown of the marriage. We discussed possible funding through legal aid.
We prepared for the issue of proceedings by obtaining all relevant documents, including marriage certificate and birth certificates of the children. We made an application for legal aid.
We suggested to the Husband that a divorce petition would be issued on the basis of two years separation with consent, he objected. We then put to the husband that we would issue proceedings on the basis of his unreasonable behaviour and would rely on that ground instead. He relented and agreed to a divorce on the ground of two years separation with consent.
Once legal aid was obtained a Divorce Petition was issued on the ground of 2 year’s separation with consent. As the husband was not defending the case the hearing took only 20 minutes.
Despite the husband’s initial reluctance to agree to the divorce, once we informed him that we would instead proceed on the grounds of his unreasonable behaviour, and we would set out in full detail the facts of his unreasonable behaviour, he agreed to the divorce on the ground of two year’s separation with consent. Legal aid was applied for and granted for our client. At the hearing as the case was uncontested, it did not take a lot of time and our client was not subject to significant questioning or cross examination.
The Judge accepted the facts as set out in the petition and granted the divorce.
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