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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4243
Experience:  Barrister at law
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Please let me know if I have any legal rights or obligations

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Hi, please let me know if I have any legal rights or obligations if I am still legally married but have been living separately for 19 years?
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 16 days ago.
Please continue to search. Thanks

Hello, my name is Peter, I’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Can you give me a little more information please? Are there still financial ties between you? Here you considering divorce or not, after this time?

Customer: replied 16 days ago.
No none
Customer: replied 16 days ago.
Not considering divorce

OK. Then though technically you are open to a claim, as you remain married, it's less likely due to the passage of time to succeed. Do you have any property/ assets?

Customer: replied 16 days ago.
Yes we each own our own house

OK. Then you are both open to a claim from the other, though as I said, the success of a claim diminishes due to the passage of time and the fact that it will be harder to establish 'need' as a result.

Have you considered a separation 'contract'? Though a judge can overturn this in a divorce settlement, if deemed unfair, it is a good way to set out the agreement in terms of assets and if fair to both of you the court would most likely follow it.

Have you amended your will? If you have not, or you do not have a will, your spouse would stand to inherit your estate when you pass away.

I hope this clarifies the issues.

Let me know if there is anything further I can assist with.

Customer: replied 16 days ago.
Thanks this is very helpful. We both have a will. If my husband dies do I have the right to contest his will if he doesn't leave anything to our sons? And also, similarly can he contest my will?Thanks

My pleasure.

Your sons could contest his will (make a claim under the inheritance act) if reasonable provision is not made for them, rather than you contesting. As to whether he can contest your will, again he would have to establish that reasonable provision should have been made for him - so it's entirely a factual and time specific argument too make.

I hope this clarifies the points.

If so, please take a second to rate my response with 5 stars as this will credit me for my time.

Thanks and do let me know if you have further questions, follow ups are part of the service, even if you have already taken the time to rate for me.

Kind regards,

Peter

 

Can I assist you further with your question?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.

Kind regards,

Peter

plclegal, Barrister
Category: Family Law
Satisfied Customers: 4243
Experience: Barrister at law
plclegal and 3 other Family Law Specialists are ready to help you