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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have seperated from my husband of over 20 years and I want

Resolved Question:

I have seperated from my husband of over 20 years and I want to know will it have any detrimental effect with my entitlements financially if I or he do not get divorced for after two years. Is there any downsides of waiting before divorce proceedings ? We are not in a hurry as we are waiting to build a property for one of us to move into. I am presently living with our children in the family home but will move out once a house is built.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion first.How old are the children?What assets are there and what income do you each have?
Customer: replied 1 year ago.
3 children age 17,16&13 yrs
I have very low income as only work part time
My husband has property company and a high income
Assets include 3 properties worth over 2 million
We own family home jointly
We are amicable and I am carrying on financially as before separation
Expert:  Clare replied 1 year ago.
Have you reached agreement with you husband about the eventual financial settlement
Customer: replied 1 year ago.
Only that I'll get a house and he says I'm ok as a director of one of his company's , but he can just stop trading and hey presto no money ! So I feel he could hide it even though he's implying his money is my money as usual . However this may not be the case in a couple of years !
Expert:  Clare replied 1 year ago.
Are you currently able to access all the paperwork and see what the financial position is?
Customer: replied 1 year ago.
I really just want to know whether waiting until we both decide to get a divorce has any implications on my rights ?
Expert:  Clare replied 1 year ago.
It has no implications on your actual rights.The only possible problem will be that in that time you might meet a new partner which would potentially reduce your claim for more than 50% of the assetsEqually it gives him more time to "hide" assets if he wishes to do soIt also means that your youngest child will be closer to 18 - which again could limit your claim on the assets to 50%Is this what you need to know?Please ask if you need further details
Customer: replied 1 year ago.
how can it be proved that one has been separated for over two years if it's not registered anywhere ?
Expert:  Clare replied 1 year ago.
It is a matter of both of you confirming the date
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