2 years apart

I have been married for 21 years but we separated 2 1/2 years ago. We have all the usual things ie house cars pensions etc.. The papers have been served due to the 2 year rule. However 2 weeks ago we met up and I ended staying the night and we slept together. Now I have had a letter from her solicitor stating that she is lodging a notice of intention to defend. We live in Scotland. What will now happen? Please can you help?

Hi RGW

The explanation of 2 years non-cohabitation is explained as follows -

This period must be completed before the application is made and must be without a break. There is only one exception; if during the separation period you have lived together temporarily for not more than six months in all, in a final attempt to make the marriage work, you may still be eligible to apply for a divorce under the simplified procedure.

For example, if during the separation period you have attempted a reconciliation for five months then you must wait:

either: for at least one year and five months from the date of the original separation (and obtain the consent of your husband or wife).
Or: for at least two years and five months from the date of the original separation before applying for a divorce


I would think that as

1] - the papers were served prior to your one night together and
2] - the single night together was not an attempt to reconcile and make the marriage work

then there should be no problem with the divorce application procceding.

Is your wife aware that her consent is not required if you are divorcing her on the grounds of 2 years non-cohabitation?

Ruby

Ruby thanks very much for your reply. I am not sure if she does know that her consent is not required. We did briefly get back together for a few weeks but that was over 2 years ago which is why the application was delayed. I also believe she is destroying some of my personal property and selling other items without my consent. Am I correct in believing that I can claim for the value of these items from her share of the estate. She and other members of my ex family are also getting together and making nasty allegations against me. I am attempting to make an appointment with my solicitor but what can I do in the meantime?