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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34286
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband ( of 39 years) is becoming more and more difficult

Resolved Question:

My husband ( of 39 years) is becoming more and more difficult to live with. He wants to relocate to Portugal, where we have had a small 2nd home for the last 25 years. I want to stay in UK to be with our children and grandchildren. He has opened a bank account in his name and transferred all his pension payments into it, as well as changing his address to that of his sister. Would I have a good case for a legal separation?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How much are the assets worth and what income do you each have?
Clare
Customer: replied 3 years ago.

Sorry,don't think that I explained myself very well. At this stage I am only looking for the whys and wherefores of legal separation. Do I have to have grounds and how does one go about getting one.Does one need grounds?


In answer to your question.


We rent in UK, since retirement and our only owned home is in Portugal, value around £400,000. It is a house on 6 acres, which accounts for the value.


My only income is standard S.R.P plus one private pension of £260/month.

Expert:  Clare replied 3 years ago.
Hi
I am aware that it is a strange question - but what do you mean by a "legal Separation" - bearing in mind that a Separation is simply a reflection of physical fact?
Clare
Customer: replied 3 years ago.

I would need to have financial security for life on my own but imagine that to annexe a fair share of my husbands pensions there would have to be some kind of legal input. I cannot access them by simply asking the pension companies, so presumed that a legal separation would do this. I am sure that there are drawbacks to going along any legal path and so wanted to know what the pros and cons would be .

Expert:  Clare replied 3 years ago.
Hi
The route for a Judicial Separation - the only basis on which you can obtain a Pension Sharing Order of any kind, is exactly the same as for Divorce - the only difference is at the end of the matter you would not be able to remarry.
You certainly have sufficient grounds for a Petition based on his unreasonable Behaviour
I hope that this is of assistance - please ask if you need further details
Clare
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