I left my wife 14 months ago to live with my present partner. my wife has told me she will not divorce me until 5 years have elapsed. I am aware that we could mutually agree to a divorce after 2 years but she will not agree to this. I myself cannot divorce her on grounds of unreasonable behaviour as this would be untrue. Do I have to apply to the courts for a legal separation? And if so will the 5 years I have to wait for my divorce begin from that date. If I do not have to apply for a legal separation what proof will I have to furnish to show that I left my wife when I did?

November 27, 2008 by Anonymous

Most unfortunately there is very little that you can do. Certainly there is no action which you can take to make your wife divorce you other than trying to persuade her. If you were to file a divorce petition it would have to be on the grounds of your wife's adultery or her unreasonable behaviour which would not appear to be available. If she will not consent to a divorce after two years separation there is I am afraid no alternative other than to wait for five years when consent is not required.

It is not open to you to apply for a judicial separation as the above grounds would still have to be shown and the only real difference is that it is not necessary to plead that the marriage has irretrievably broken down.

If your wife is quite determined to make you wait for five years from the date of separation it could well be sensible to discuss with her a separation agreement to deal with property ownership and financial matters until the time of the divorce.

It will only be necessary to prove the date of separation if this is disputed by your wife on presentation of the divorce petition.