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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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I legally separated from my husband in 1995. I have never

Resolved Question:

I legally separated from my husband in 1995. I have never remarried, I am in dire financial straits, can I claim ancillary relief from him as he is now very wealthy. Will I have a claim against his estate in the event of his death.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Just to confirm - you have never actually been divorced?
Clare
Customer: replied 2 years ago.
I am legally separated
Expert:  Clare replied 2 years ago.
Hi
What financial arrangements were made at the time of the Separation - and please confirm that you mean that there was a Judicial Separation.
Clare
Customer: replied 2 years ago.
No financial arrangements were made. At the time he was unemployed and I was self employed. I have never received a penny in maintenance. We had a large Victorian property that we split up into two flats.
Expert:  Clare replied 2 years ago.
Hi
Was it a Judicial Separation via the courts?
Clare
Customer: replied 2 years ago.
I am in the process of getting copies of the papers. My local court could not find the absolute papers only the initial application the equivalent of Nisi.
Expert:  Clare replied 2 years ago.
Hi
Do you now intend to divorce him?
What has led to your financial difficulty?
Clare
Customer: replied 2 years ago.
I thought a legal separation was a divorce in all but name. Ill health has forced me to give up work I am 63 years old. My only income at the moment is my state pension.
Expert:  Clare replied 2 years ago.
Hi
A Judicial Separation is NOT a divorce - which could work in your favour
Could you explain a little more about the financial agreement that was made regarding the flats and what you have each done since then
Clare
Customer: replied 2 years ago.
We had a large Victorian propert that we split into 2 flats. We each lived in one. Financial problems meant my flat was repossessed by the building society. He continues to live in his. Due to inheritance and his improved financial status he has since bought two other properties one of which he has since sold. He has a 5 bed roomed house in Wales that is his home at the weekends. I am now living in rented accommodation. He is also the director of a very successful I.T company with contracts with Coca Cola and other large companies.
Expert:  Clare replied 2 years ago.
Hi
How old are you both - and are there any children involved?
Which part of the Uk are you in?
Clare
Customer: replied 2 years ago.
I am 63 he is 64 we have three non dependent children aged 33, 36 and 37. He lives with a partner in Wales.
Customer: replied 2 years ago.
We are in Altrincham, Cheshire.
Expert:  Clare replied 2 years ago.
Hi
Who did the children live with after the divorce?
Clare
Customer: replied 2 years ago.
Me they went upstairs to him at the weekend.
Customer: replied 2 years ago.
They lived with me and stayed with him at the weekend
Customer: replied 2 years ago.
I seem to have lost contact with you since this morning can you tell me what is happening please.
Expert:  Clare replied 2 years ago.
Hi
My apologies we are all working lawyers and today was a Court day.
Since you are in fact still married and there was no financial order within the Judicial Separation proceedings you can indeed make an application for financial support - either within the JS proceedings - or by going ahead with a divorce
The court will wish to consider each of your financial histories and it will not be a certainty - but ther eis a good chance of success.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Thank you Claire sorry about the earlier panic but I thought I'd lost contact with you.
Anne
Expert:  Clare replied 2 years ago.
Hi
No worries - it is aways a worry with technology for me!
C;are
Clare and other Family Law Specialists are ready to help you