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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1170
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Clare my name is ***** ***** 11 years a go my wife kicked

Customer Question

Hi clare my name is ***** ***** 11 years a go my wife kicked me out from the house with nothing on me,I hoped all this years one day we my get together again for sake of our kids, on my own I did manage to fix my financial problems I bought a house and I formed a company which is going well,now I relalised that she my love someone else and she is asking for full divorce,do I need to share my assets after 11 year separation pls help me
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
If you were legally married and you have not yet dealt with divorce and the issue of matrimonial finances - then your wife does have a right for the financial matters to be reviewed.
I note that they had been separated for over 11 years but the current case law does not prevent your wife from making a claim.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your wife need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc. You could argue that your assets were accrued post separation.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim.
You cannot submit an order for approval / seek a court order until you have obtained decree nisi. You will therefore need to commence divorce proceedings to be able to finally resolve the issue of the matrimonial finances.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 2 years ago.
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