How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ukfamilysolicitor Your Own Question
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1370
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
Type Your Law Question Here...
ukfamilysolicitor is online now

My wife and I...

This answer was rated:

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?
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 2 years 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.

Have you discussed the financial issues at all?
Customer: replied 2 years ago.

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

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 2 years 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?

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
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received. Please note that we receive no credit for our work and we do not get paid unless positive feedback is received.
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1370
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you