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I was married in South Africa and my husband is a South African Citizen and is still in South Africa. Can I divorce him through the UK Courts? — by Maria Mason — last modified 2009-01-06 10:19

I was married in South Africa in 2004 to a South African Citizen. He is still in South Africa and I have been residing in the UK for 18 months with our child. I would like to divorce him on the grounds of adultery. Can I do this through the UK Courts?

Can I file for divorce if my husband and I are still living in the same house? — by Maria Mason — last modified 2009-01-01 19:31

My husband and I have been married for just over a year but I want to get divorced as the relationship has broken down. Can I file for divorce if we are still living in the same house?

What steps can I take to make my wife give me the contact we agreed? — by Maria Mason — last modified 2009-01-01 19:01

What steps can I take to make my wife give me the contact we agreed? She refuses to co-operate with the Court Order.

Is it correct that if you have been separated for more than three years after Decree Nisi you are automatically divorced? — by Maria Mason — last modified 2008-12-30 19:46

My husband and I separated over three years ago and he started divorce proceedings. The Decree Nisi was issued and a financial agreement was drawn up and stamped by the Court. When the Decree Absolute was due my husband asked if I wanted to finalise it and I said no, he agreed and told his Solicitor that we were trying to reconcile. We haven’t reconciled but I have been told that if you are separated for more than three years you are divorced anyway. Is this correct?

My husband's ex-wife has moved to Scotland and wants contact with the child who lives with us but expects my husband to pay all the travelling costs. Will the Court make my husband pay these? — by Maria Mason — last modified 2008-12-23 13:46

My husband's ex-wife has applied for a contact Order for her child who lives with us, his ex-wife moved to Scotland with the other children and her boyfriend. She now wants contact but wants us to pay all of the travelling costs as she does not work (it is a 500 miles trip). Can the Court make my husband pay the travelling costs as he does not earn a great deal after paying CSA and childcare and, if so, will they take my wages into account?

My wife and I recently split and she wants nothing more to do with the house. She is willing to sign a letter to this effect. Is such a letter available and how much would it cost? — by Maria Mason — last modified 2008-12-22 11:32

My wife and I have recently split and she says she wants nothing to do with the house now or in the future. She is willing for me to continue to pay the mortgage and have our son stay here for 80% of the time. My wife states that she is willing to sign a draft letter to that effect so as not to cause problems if things become strained later on. Is there such a letter available and, if so, how much would it cost?

I split up with my American wife in 2003 and I moved back to the UK. Can you tell me how long I need to be separated from her before I can call myself legally single again? — by Maria Mason — last modified 2008-12-22 08:17

I married an American lady in 2001 and we split up in 2003 and I moved back to the UK. I am now in a relationship with a new woman and have been trying to contact my American wife to start divorce proceedings but I can’t trace her. Can you tell me how long I need to be separated from her before I can call myself legally single again?

I am planning to move into my partner's house with my son. Where would I stand in the future should the relationship break down? — by Maria Mason — last modified 2008-12-19 11:51

I am planning to move into my partner's house with my son. The property is in his name but I will be contributing towards furnishings, bills and mortgage repayments. Where would I stand in the future should the relationship break down, would I be entitled to get any of my money back?

I have separated from my husband and I am considering a divorce. Can I use a Solicitor to obtain evidence to prove he has committed adultery? What counts as evidence of adultery? — by Maria Mason — last modified 2008-12-19 10:29

I have separated from my husband and I am considering a divorce. Can I use a Solicitor to obtain evidence to prove he has committed adultery, such as his mobile phone records, his credit card bills and verifying with his employer that his overnight stays were for business purposes? Or would the evidence I need have to be something more concrete like witnessing him and his girlfriend together? What counts as evidence of adultery?

My wife and I have separated and have led single lives for over three years. Can I get a divorce and pay nothing? — by Maria Mason — last modified 2008-12-15 11:12

My wife and I have separated and have led single lives for over three years. Can I get a divorce and pay nothing?

How can I change my children’s surname when I do not know the whereabouts of their father? — by Maria Mason — last modified 2008-12-13 12:08

How can I change my children’s surname when I do not know the whereabouts of their father? The children are twelve and fourteen and their father has not been seen or made contact for the past seven years.

My girlfriend is still married but hasn't seen her husband for nearly five years and has no idea where he lives now. Can she still get a divorce? Would he have any claim over her estate in the event of her death? — by Maria Mason — last modified 2008-12-09 12:05

My girlfriend is still married but hasn't seen her husband for nearly five years since he left and she has no idea where he lives now. What can she do as she now wants a divorce? Also does he have any claim over her estate in the event of her death? She does have a Will leaving everything to her two children who are both over 18.

We got married in South Africa but want to get a divorce in the UK. We have only been here for 5 months. Can we get a divorce here? — by Maria Mason — last modified 2008-12-08 12:42

We got married in South Africa and have been married for 25 years. We now want to get a divorce in the UK as we are currently living here but have only been here for 5 months. What is the chance of getting a divorce in the UK as my husband committed adultery in South Africa?

I got the house in our divorce settlement but my ex-husband did not deal with the transfer. I am now applying for a mortgage and need the house in my name. How do I go about this? — by Maria Mason — last modified 2008-12-08 10:46

My divorce settlement states that the house is mine and that my ex-husband should have borne the cost of transferring the Title Deeds into my name but this was never done. I am now applying for a mortgage and need to have the house in my own name. How do I go about this please?

Against my wishes my ex-partner has added her surname to our daughter's surname. Can I have this legally removed from our daughter's name? — by Maria Mason — last modified 2008-12-05 16:33

When I lived with my ex-partner she wanted to add her surname to our daughter's surname but I objected and she promised she would not do it. When we registered our daughter's birth at the Registry Office she only had my surname. We have now split up and I have found out that she has added her surname to our daughter's surname at the new school our daughter will be attending in January. She is now refusing to remove her surname. Can I have her surname legally removed from our daughter's name?

My husband and I are separating but I have found out he has large debts. Is he allowed to sign the house over to me? Can he be forced into bankruptcy, making us all homeless? What is the best way forward? — by Maria Mason — last modified 2008-12-03 14:03

My husband and I are separating but I have now found out that he has large credit card debts. He wants to sign the house over to me but can he do this? Can he be forced into bankruptcy, making us all homeless? I wanted him to sign over house to me and I would relinquish my rights to his pension but I have been told that the mortgage lender won't release him as I don't earn enough. What is the best way forward?

My son got a girl pregnant and she kept the baby against his wishes. She is now pursuing him for maintenance. Can she do this when it was her decision only to keep the baby? — by Maria Mason — last modified 2008-12-03 12:23

My son got a girl pregnant and against his wishes she decided to keep the baby. She is now pursuing him for child maintenance. Can she do this when it was totally her decision to go ahead with the pregnancy regardless of my son's feelings on the matter?

My husband left the marital home four months ago and has not paid a penny since. He is also not paying his debts and he is getting a lot of letters from debt collectors. Can he be forced to pay and can they come after the house? — by Maria Mason — last modified 2008-12-02 11:58

My husband left the marital home four months ago. We have a joint mortgage and he has not paid a penny since leaving. Can he be forced to pay? He also has a lot of debts which he has said he will not pay. A lot of letters are coming for him from debt collectors. He has not given them a new address obviously. What shall I do with them as I have no forwarding address except his work address? Can the debt collectors come after the house?

I am planning to re-marry abroad next year and would like my young son to attend. My ex-wife may be difficult about this so what rights do I have? — by Maria Mason — last modified 2008-12-02 10:59

I am divorced and am planning to re-marrying abroad next year. I would like my young son (who we have joint custody of) to be able to attend and my wife is in possession of his passport. The weekend of the wedding is one that he would typically be with me but I suspect my ex-wife may be difficult in allowing him to attend. What rights do I have to ensure he is able to come?

Can I force my ex-partner to sell the house we jointly own? — by Maria Mason — last modified 2008-12-01 14:46

Can I force my ex-partner to sell the house we jointly own? We have a mortgage and we own the house as tenants in common.