5 years' Separation without consent
Where separation is for longer than 5 years, the Respondent does not have to consent. However, this does not mean they should be ignored, as they can always oppose the petition and make a general nuisance of themselves if they want to. The Respondent can ask the Court to consider financial issues before granting a final Decree/Order. In some instances, they have been able to defeat the Petition by proving grave hardship will result, if a Decree/Final Order is granted.
Please read the related guide on Special Procedure for more information.