I married in SA 20 years ago and separated 12 years ago when came to UK. I would like to get a fast easy divorce from UK as my ex doesnt want to initiate the process from SA. Anybody could advise how? many thanks
Have you tried approaching your local lower court for assistance? In South Africa, divorces can be done largely on paper, if both parties have already agreed on everything in a settlement agreement. Perhaps you have something Similar?
￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼Under the Matrimonial Causes Act 1973:
￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼s.1 (2)(e) that the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition (hereafter in this Act referred to as “five years’ separation”).
If your ex isn't going to contest the divorce, it's fairly straightforward to proceed without the aid of a Solicitor...
The Family Court then serves your ex-husband with the proceedings (usually by post).
Assuming that your ex-husband doesn't wish to defend, he simply returns the Acknowledgement of Service showing that he has no desire to defend.
(If he doesn't acknowledge the paperwork within a set amount of time, it must be re-served on him, but if he's not got any objections to your filing, then there shouldn't be any reason why he doesn't send the Acknowledgement of Service back to the Court)
There is some further paperwork that you have to submit to the Court regarding your Petition for Divorce... it's not too difficult to complete.
The Court then assigns your Petition to the Court's special procedure list and a date is set for the pronouncement of a Decree Nisi... on the date of pronouncement, you're not obliged to be in attendance (neither is your Solicitor), unless it's that important to you.
Six weeks after the Decree Nisi has been pronounced, you can apply for a Decree Absolute.
Once the Decree Absolute has been granted, your marriage is officially dissolved.
Look here for exact guidance on how to do the divorce yourself (it has links to all of the relevant forms, where to find your nearest court etc).