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Deed of separation

Posted by Debraann 
Deed of separation
September 30, 2019 05:02PM
I need to release money from the house, which is in my name, bought with inheritance after we split up. I need to do some work on it.

To release equity on the equity release scheme, I need a deed of separation, we have been separated 5 years.

My husband thinks as the deeds are in my name, he does not seem to get it, that this has to be done and worse he lives in Thailand, we are both English. He understands I need the money and has no problems with this.

He don’t want a divorce, and closed his account with his solicitor.

Is there anyway, a deed of separation can be done.

He was suppose to be coming back to get a new visa for Thailand around now, but I think he has got a long stay one now so he does not have to return.

I don’t think I can even divorce, as he probably won’t accept the papers and send back either.

Doing my head in.

Thank you.
Re: Deed of separation
September 30, 2019 06:00PM
If you have been separated for five years you can have a divorce whether he wants one or not. You would be wise to get one (a) so that you can close off these financial issues formally and finally and (b) so that you can move on with your life.

It doesn't matter that he doesn't have a solicitor or that he lives in Thailand. So long as you know his address and/or where he will be at a given hour and day (however briefly) then divorce papers can be served on him one way or another. For this ground of divorce so long as it can be proved he has received the divorce petition it really doesn't matter whether he returns the papers or not.
Re: Deed of separation
September 30, 2019 07:08PM
Thank you.

Out of curiosity, what if he does not fill in, send back?

And if he does not, what about the clean cut, finances?

Thank you
Re: Deed of separation
October 01, 2019 10:17AM
I think I have already said that for this ground of divorce it doesn't matter whether he sends back the papers or not provided it can be proved that he has received the divorce petition.

As to whether he will agree to co-operate in obtaining a clean break order you will only find that out after you have issued a divorce petition. If push comes to shove many people discover it is usually more sensible to co-operate in such circumstances. That is because the alternative involves issuing a court application which incurs very much more cost and the inconvenience of having to travel to the UK.
Re: Deed of separation
October 01, 2019 10:38AM
Thank you..

I see now, what you are saying, that the courts will know he has been served.
Re: Deed of separation
October 03, 2019 06:29PM
I did NOT say that. I said 'as long as service can be proved'. Service can be proved in a number of different ways. It is not a question of the courts 'knowing'. It would be YOU who would to prove service or to effect service if necessary.
Re: Deed of separation
October 03, 2019 10:38PM
Thank you for replying

I may of missed read, sorry.

So, the papers are sent to court, I read that if your spouse is in another country they cannot go thru local court, but a court in London?

But, which ever way it is done, I believe papers are not sent recorded, so, there would be no proof he has received them?

He will not come come back to U.K. for visit to this out.
Re: Deed of separation
October 04, 2019 09:35AM
Look, if your spouse is in another country and service is likely to be an issue then YOU, not the court, needs to sort out whatever method of service is required to prove that the divorce petition has been received by your spouse. This can be done in many ways but it is the responsibility of the person issuing the petition and not the responsibility of the court. I deal with clients (and their spouses) located outside the UK all the time and I NEVER issue any divorce petition in the Central Family Court in London. Almost any family practitioner can tell you why that is hardly ever a good idea unless there is really no choice.
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