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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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I have been separated from my wife for 5 years. I feel it is

Resolved Question:

I have been separated from my wife for 5 years. I feel it is now appropriate that we are divorced. Unfortunately it was discovered 4 years ago that my ex wife had pre senile dementia. This resulted in my sons being granted power of attorney. The family house was sold three years ago and the money from the estate shared equally between my ex wife and myself. My ex wife is now being cared for in a care home. The costs for this are being met from the income resulting from the sale of our property.

Can you advise on the best way forward?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have you discussed this with your Sons?
Clare
Customer: replied 3 years ago.
Relationships are amicable and I have discussed it with my eldest son but I don't envisage a strong objection.
Expert:  Clare replied 3 years ago.
Hi
Are there any other assets that are joint?
Clare
Customer: replied 3 years ago.
No there are not. Would there be a claim on my pension. I am a headteacher so there is a lump sum payment and significant annual pension.
Expert:  Clare replied 3 years ago.
Hi
What income does your wife actually have
Clare
Customer: replied 3 years ago.

None other than that from disability allowance and small pension. I am unsure of exact figures. This is not something I have discussed with my son.
Expert:  Clare replied 3 years ago.
Hi
There is no reason why you should not issue a divorce petition based on the fact that you have lived apart for more than five years
The process is described here
https://www.gov.uk/divorce/file-for-divorce
There is no requirement for your sons to make a financial claim against you unless they wish to do so
However if at any time the Local Authority become responsible for funding then they may expect a claim for Maintenance to be made
Please ask fi you need further details
Clare
Customer: replied 3 years ago.

Thanks. That is really helpful. One final question. Would the LA be able to pursue me for additional cost to support my ex wife's welfare once the divorce ruling had been made?

Expert:  Clare replied 3 years ago.
Hi
No - no more than they can now
Clare
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