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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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My husband and I have separated after 36 years of marriage.

Resolved Question:

My husband and I have separated after 36 years of marriage. We intend to sell the house and need to settle finances too. Most of our bank accounts are in joint names but he has investments in his name - we have always put the dividends into joint money and I am hopeful that I am entitled to half the value of these. Am I also entitled to half his pension as he has far more than I have in my pension and these are currently shared from joint accounts. I was advised by a divorce lawyer friend that after such a long marriage, everything would be split 50/50. Would I need to see a financial advisor or solicitor to make this legal - thank you for any advice. Also, should we see an independent financial advisor?

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.
Were any of his assets inherited?
Clare
Customer: replied 3 years ago.

Nothing was inherited but he bought these investments before I met him - we did not meet until he was forty - he is in his mid seventies and I am nearly seventy. He always said they were for a rainy day and perhaps for health care as we got older - they are worth about £60,000 he has found out lately as I asked him to check the value.

Expert:  Clare replied 3 years ago.
Hi
What is the extent of the assets in total (round figures)
Clare
Customer: replied 3 years ago.


Total assets would be about £700,000 max

Expert:  Clare replied 3 years ago.
Hi
In that case the starting point for division of all the assets (including pensions) is 50/50 and it is highly unlikely that the Family Court will depart far from that.
You will need a Pension Sharing Order to deal with the Pension
If you and your ex can agree the terms of the separation then you would need to instruct a solicitor to deal with the divorce and the Financial Consent Order
I hope that this is of assistance - please ask if you need further details
Clare
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