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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and I have been separated since the beginning of

Customer Question

My husband and I have been separated since the beginning of 2009 due to his affair. I moved out of the marital home and we amicably settled finances, possessions etc. He bought me out regarding the house and I have purchased a property outright so that I don't have to worry about mortage repayments.
My husband has now said he wants a divorce under the 5-year separation as he's made a Will and us still being married is presenting problems in this respect. The woman with whom he had an affair is living with him (she's Filipino and still married, her husband and children are in the Phillipines) Do I need a Solicitor? He has a very good monthly Local Authority Pension and I've never asked for a share of this, perhaps I should have. He's 68 and retired and I'm 67 and still working (part-time 20hrs/week, earning just under £600/month before tax) as I feel my quality of life would be one of existence due to lack of finances if I gave up work. Apart from my salary and the State pension I have a small NHS pension of £117.78/month.
My husband has the 'papers' which he wants us to go through.
PS We originally married in 1975 but I divorced him on grounds of adultery in 1997, having separated 1995/96. We remarried May 2004 - I should have learnt my lesson first time round!
I hope I've given you all the necessary information for you to be in a position to advise me.
Many thanks
Sylvia
Submitted: 2 years ago.
Category: 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.
Very roughly what was the percentage division of the assets between you?
Clare
Customer: replied 2 years ago.

Hi Clare

I can't remember the exact amount, we had an estate agent value the house and that figure was split between us 50/50 (there was no mortgage on the property), my husband then had to take out a mortgage as any savings were split but obviously I had a larger proportion to take into account my half of the house. My husband didn't want to sell the property. A cost was put on furniture, contents etc. I didn't take much in the way of furniture/contents but had the money instead. I would say everything was split fairly.

Sylvia

Expert:  Clare replied 2 years ago.
Hi
Yes you are entitled to a share of his pension - and this should be resolved before there is a divorce.
If necessary you should try and negotiate with him using family mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Clare

Sylvia

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare