Ask a Family Law Question, Get an Answer ASAP!
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- although I appreciate that you have not divorced so there will be o final order made in relation to the matrimonial finances, was there any agreement in writing when you separated such as a separation agreement by deed?
- how long were you married?
Thank you for your response and for clarifying that for me.
What you need to know is that as you are still married then should either of you pass away and no provision be made for you in either of the others wills then either of you would be able to make a claim under the Inheritance (Provision for Family and Dependants) Act.
A claim under this Act would only be barred if you were to divorce and there was an order made in relation to the matrimonial finances preventing the same.
As this has not happened in your case then either of you could make a claim under this act.
As you have been married for such a long time then the court in an Inheritance Act Claim of this type would undergo a 'divorce' type settlement. That being an award would likely be made in line with what would have been ordered should you have divorced and dealt with the matrimonial finances. Given the length of your marriage then the starting point would be an equal division.
If I can assist you further then please do not hesitate to ask
Please kindly remember to rate positively by using the stars so that credit is received for helping you today.
Thank you for your response. Glad that I could help you. I do wish you all the best for the future. If I can assist you any further then please do not hesitate to ask.