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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1770
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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How are assets divided in a legal separation compared with

Customer Question

How are assets divided in a legal separation compared with when divorced?
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.
Hi, thank you for your question. If you are referring to pursuing an application for judicial separation, the same criteria is used as with divorce and the court will need to see that an agreement is fair for both parties and any children before approving any agreement. If you are referring to a general separation, this will be a more informal method and any agreement you reach is not court approved and not as easily enforceable as with financial settlements as part of judicial separation or divorce. For your information, the court looks at the following criteria when deciding how assets and finances should be dealt with as part of divorce or judicial separation:The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would, in the opinion of the Court, be reasonable to expect a party to the marriage to take steps to acquire;The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;The standard of living enjoyed by the family before the breakdown of the marriage;The age of each party to the marriage and the duration of the marriage;Any physical or mental disability of either of the parties to the marriage;The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;The conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring (e.g. a right to your husband’s pensions).Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Expert:  Harris replied 9 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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