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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Please can you confirm how after a separation can one start

Customer Question

Please can you confirm how long after a separation can one start divorce proceedings. I understand it is 2 years if agreed by both parties and 5 if not agreed? Also we are in our early 50's and have 3 children who will probably be financially independent by the time we actually divorce. I have worked and accumulated c£3m in assets. My wife has been the home maker and has little earning potential going forward while I still have earning potential. At a high level what would be the split of assets that we might expect
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. You can pursue a divorce immediately if you are able to cite issues of unreasonable behaviour which led to the irretrievable breakdown of the marriage or adultery. Otherwise, you will need to wait 2 years (if both parties agree) or 5 years.

In relation to division of assets, the court's starting point is a 50-50 split of all matrimonial assets but I cannot provide further information without confirmation of:

-How old are you both?
-How long have you been married?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

In the meantime if you found my information provided helpful please could you rate my response positively using the stars at the top that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you,

Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
We are 52 and 51. We have been married 28 years. Together we have £3m of assets. Largely in my wife's name for tax reasons but all earnt by me. I have a pension pot of c£1m. My income is c£170K pa and my wife has noting other than the investment income on the assets above
Expert:  Harris replied 1 year ago.

Thanks for confirming. Given the long marriage, the court will likely agree that all assets are matrimonial and the Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income - the court is unlikely to depart from this equality unless there is greater needs by one party over the other or in exceptional circumstances. Despite her not making any financial contributions it would be likely for the court to agree that her non-financial contributions will carry good weight for there to be equality in the division. For your reference the criteria considered by the court is:

1. 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;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. 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;
7. 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;
8. 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.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you