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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14286
Experience:  I have been practising for 30 years.
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What happens if my wife contends the judicial Seperation?

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What happens if my wife contends the judicial Seperation?Married less than a year hence the judicial.We have a house together in both our names which I don’t live at any longer and have no kids.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

can you give me the background to this matter please - all relevant info please

Customer: replied 5 days ago.
We married in June

We had an altercation which she claims now as domestic violence but we lived together after and the police where not called in regards to it nor did she leave ever.

We then separated over 4 weeks ago which since I have lived elsewhere.

I have been paying all half of the bills since including mortgage.

I have also sent her £3,750 to pay off her credit card in that time.

She also has locked me out of the house in that time and I am unable to enter the property which I 101 to the police to log.

I have sent off a partition for judicial Seperation which her solicitors have comeback today and said they are meeting with her tomorrow and her instructions will follow.


How long were you together before you got married?

Customer: replied 5 days ago.
Nearly 2 years

Thank you. For the purposes of the division of assets, it’s a two year marriage. You can’t get divorced until you been married for a year but financially it’s 2 years.

To be honest, I wouldn’t have wasted money applying for a separation if you are eventually going to get divorced. The process is virtually the same.

However if you still want to draw a short-term line under it, if her solicitors advise her properly, she will not contest the application because there is absolutely no point in doing so. It doesn’t make any difference to the eventual financial settlement.


If she does, it will simply be decided by a judge.

I’m afraid that your sentence about being locked out of the house does not make sense.

Can I clarify anything else for you?


I am happy to answer any specific points arising from this.


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Thank you.


If you still need any points clarifying, I will still reply because the thread does not close.


Best wishes.



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