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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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Separating advice

  • absolute0
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11 Feb 08 #13516 by absolute0
Topic started by absolute0
Hi,

The wife and I have been together 10 years, 4 of which have been married. Over the last year we have been drifting apart and have had our share of problems.

We've discussed stuff and have decided we need to move on and sell the house ASAP.

We are both living at the house until it is sold where we will both rent. We are sleeping separately, but cook together and still do household chores together and are on good terms.

So my question is: at what point am I classed as separated?

Thanks

  • dukey
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11 Feb 08 #13518 by dukey
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Hi if you live together cook share cleaning you are not legaly seperated its very hard to prove seperation as long as you live under the same roof, is there a reason why you need to proove seperation?

  • mike62
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11 Feb 08 #13521 by mike62
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If you are contemplating a 2 yr separation, no fault divorce, and you are both 100% in agreement, then you can start the separation clock whenever you wish. It is between the two of you and the judge who will hear your nisi.

If one or other of you isn't happy about divorcing, then as Dukey says, you have to live separate lives for two years - No cooking, washing, sleeping, socializing with each other.

Hope it helps

Mike

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11 Feb 08 #13525 by absolute0
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Yes, that was part of my reason for asking. I've spoken to my wife stating that if she wants to get divorced she will need to instigate it and be able to give reasons as she is the unhappier out of the two of us.

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11 Feb 08 #13527 by mike62
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She could petition you on Unreasonable Behaviour. The reasons do not need to be so dramatic. Just sufficient for a Judge to say that the marriage has broken down irretrievably.

See this post

www.wikivorce.com/divorce/Divorce-Forum/...l-needed-for-UB.html

Best of luck
Mike

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11 Feb 08 #13542 by absolute0
Reply from absolute0
Mike,

Thanks for the link, that's really useful. I'll show this to my wife so she can start thinking about it.

Is there a limit to how many should be provided within the divorce? I've read that at least one of them must be recent and dated, is this correct?

Cheers

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11 Feb 08 #13544 by mike62
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Specific incidents need to have been within the last six months, otherwise they are seen by the judge as being accepted.

Mike

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