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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
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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HiMy wife and I separated over 10 years ago, At the time

Resolved Question:

Hi
My wife and I separated over 10 years ago, At the time she had no income and no pension available. She had never really worked as we were in the army. To keep everybody happy I let her have the entire value of our estate. Mostly cash from the sale of a house. I also took on an outstanding credit card bill of over £15k
time has passed i receive about 1000 a month from my army pension
She has sold her house downsized and moved in with her partner of about 7 years.
They are using their combined profit from house sales for holidays etc.
I now want a divorce. What happens legaly about the estate. I dont want to ask for money back that would cause my kids some upset and i dont want that ?
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.
How long were you actually living together?
How much did you give her?
Clare
Customer: replied 3 years ago.

We were living together for 27 years

I cannot now remember the exact amount but it was in the order of £240000 I also accepted responsibility for a credit card bill used to upgrade family bathroom at about £15000 so I guess about £250000

I hope this helps

Expert:  Clare replied 3 years ago.
Hi
Just to check - she received a quarter of a million pounds?
Were there any children involved?
Clare
Customer: replied 3 years ago.

My children are adults

Expert:  Clare replied 3 years ago.
Hi
May I ask why you gave her so much?
Clare
Customer: replied 3 years ago.

My wife was with me in the army over 25 years abd never really worked in that time so she had no great pension prospects. ...she said she needed everything

My children supported her request as I was earning well enough from my business. I felt I really had no chouce at the time or my son in particular would have become alienated. ...I do receive an army pension of 1000 a month to which dhe is probably entitled to a shatr

Expert:  Clare replied 3 years ago.
Hi
What income and assets do you currently have?
Clare
Customer: replied 3 years ago.

I am a freelance trainer....my profit after tax etc last year was about £32000. I am currently in a debt management plan clearing up a credit card night mare I got into over the last 10 years.

I own a property est value £220000 but that is mortgaged and remortgage up to £195000 and I can only afford interest repayments

The only other saleable asset I suppose us my car....now nit worth much more thab 5000

Expert:  Clare replied 3 years ago.
Hi
You can Petition for a Divorce based on the fact that you have lived apart for more than 5 years - details here
https://www.gov.uk/divorce/file-for-divorce
From what you have said you were very generous at the time of the separation - and the capital that you gave her more than compensates her for her share of your Pension.
Accordingly in the hopefully unlikely event that she tries to make a claim then you will be able to successfully resist it.
Ideally you should seek a Clean Break Order dismissing all future claims - however given the history there is little problem if she will not agree
I hope that this is of assistance - please ask if you need further details
Clare
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