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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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, after about 8 months of marriage I have separate with

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Hello, after about 8 months of marriage I have separate with my wife and will file for divorce soon. Its been over 14 months since we was registered our marriage so by UK law I can file for a divorce any time now for unreasonable behaviour from her part.
We are both young she only 24 when get married to me and wasn't working and didn't want to work while we was married. I am thinking of getting a loan out to buy a new car for me but can she claim on the car every tho we are separated but not divorce yet?
P.s she don't how to drive and she wasn't taking any session as far as I know.
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.
Yes you are correct - if the date that your civil marriage was registered was at least 12 months ago, then you can issue divorce proceedings now, even if you have only lived together for 8 months.
When a couple divorce, the divorce has the effect of legally dissolving their marriage, but that doesn't have anything to do with the assets of the marriage. But often the couple need to sort out who is to get what, because as a married couple everything is shared.
If the couple can agree between them how the matrimonial assets should be divided, then that agreement can be made legally-binding by asking the court to approve a consent order, which is just as binding as a court order made following contested court proceedings, but without having to go to court. BUT the court only has the power to make an order AFTER a divorce petition has been filed at court, so while you are separated, but before you have filed your divorce petition at court, your wife will not be able to make a claim against your car.
However, once you have filed your divorce petition at court, if you and she cannot agree between you how to divide up the matrimonial assets, then either one of you can make a claim against the other, and your car would be one of the assets taken into account. The matrimonial assets are everything in your name, everything in her name, and everything in joint names. The court starts from the position that everything should be divided equally and then considers reasons why that should not happen.
I hope this helps and |I wish you the best of luck.
thanks and best wishes...
Customer: replied 2 years ago.

Hi, we have no assets to our names yet. If I get this car this will be the only asset I will have. Since she can't drive how can she claim to take the car?

Expert:  UKfamsol replied 2 years ago.
Hello again
The only part of the car that would be taken into account is the value of the car less the amount of the loan - so probably not very much anyway. And her claim would be at most only half of that. But for such a figure, it would not be worth her taking you to court, because a court case is very stressful, time-consuming and expensive, and if that's the only asset you have, it would probably cost her more to take you to court than to claim her half-share of the equity in the car! There's no legal aid for this type of case, and the court in a family case is very unlikely to order that you pay her legal costs.
I hope that reassures you!
I would be grateful if you would now kindly rate and accept my answer so that I can be credited for my time.
Thanks and best wishes...
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