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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My wife and I...

Resolved Question:

My wife and I have been separated some 11 months, I have 2 houses and a Limited company, where do I stand? Can she or I meet other partners? and would this effect or become sour?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow long were you living together and are there any children involved.Do you both agree that there should be a divorce?Clare
Customer: replied 1 year ago.

We was married 26 years August just gone, and have two children Jamie-Leigh 26 years and my son 22 years old.

As yet we have not agreed on a divorce just separated.

Expert:  Clare replied 1 year ago.
Have you discussed the financial issues at all?
Customer: replied 1 year ago.

No, please advise? is there a law that after a period of time you are classed as single??

Expert:  Clare replied 1 year ago.
Are you concerned that you will be accused of committing adultery?
If so what is your concern in the event that that happens?
Customer: replied 1 year ago.

Correct, say if I wanted to go out with a girl friend? people start talking then from then onwards it becomes a mess don't you think?

Expert:  ukfamilysolicitor replied 1 year ago.
My name is ***** ***** I will try and assist you.
There is no law that means that you are 'single' after a period time.
If you are considering divorce then perhaps you could discuss if your wide will agree to one of you petitioning on unreasonable behaviour - you could make a petition as amicable as possible using reasons such as 'didn't pay me enough attention.' Otherwise you could wait to petition when you have been separated two years if you both agree, or 5 years if one of you doesn't consent.
There really isn't much social stigma attributed to divorce any more even on a petition for adultery.
If you don't want to get divorced but you want to be legally separated then you could consider petitioning for Judicial Separation.
If you are considering divorce / Judicial Separation then you have a right to make a claim in respect of all the matrimonial assets.
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. Everything is included in disclosure.
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, etc
You should consider making a referral to a specialist 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.
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. A Solicitor can help you draft the Consent Order to protect your position for the future.
Kind Regards
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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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