My wife and I have decided to separate but as the marriage has just broken down by no real fault of each other, we don't want to cite adultery or unreasonable behaviour for a quick divorce. Instead we plan to wait 2 years and divorce by mutual consent.
Between now and the point in which we actually divorce I am obviously going to want to buy a new place and accrue certain assets. However, I'm concerned that, should anything turn nasty for whatever reason, she might turn round and demand her 50% right to my financial affairs, even though they came about AFTER we agreed to separate.
Is this the case and, if so, is there anything I can do to protect myself?
2006-10-24 00:13:38 · 16 answers · asked by werdsmyth_2000 2 in Family & Relationships ➔ Marriage & Divorce
If this split is going to be ammicable, then tell her your concerns and draw up a contract stating anything earned/accrued after the time of your split should remain in your power. See a solicitor or the C.A.B. But keep her involved in all of the proceedings as this may make her feel more at ease.
2006-10-24 00:16:48 · answer #1 · answered by shevlad2004 2 · 1⤊ 0⤋
This is an easy one - been there, done that and got the T shirt. Get a legal seperation asap. This will sort out all the who gets what. Once you are legally seperated and any debts pertaining to the duration of the marriage are paid off - then financially you have no right on her assets and she has none on yours. I am assuming you dont have children under the age of 16 - after 2 years and so long as she agrees to a divorce, nip into local sheriff court and ask for the simplified divorce paper. Don't waste money on a solicitor. You fill in a form, get it signed by a notary, pay around £60 or £70 current cost, and hey presto, several weeks later you are divorced. This can only be done neither party is financially dependent on the other and there are no children under the age of 16. Using a solicitor to do the same will cost you hundreds of pounds.
My dad died while I was just legally seperated and my husband had no claim on the £100k worth of property I inherited
2006-10-25 12:12:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You can file for a 'no fault non-contested' divorce at any given time. It's just saying that no one's done a bad thing and that both of you feel it's time to end the marriage.
Or talk to a lawyer about a legal separation, which as I understand it is as expensive as a divorce now days. As long as you're legally married, she can come in and take half of your assets. (Or you can take half of hers should be doing better than you). A legal separation may stop that, but I don't know for sure, it's best to talk to a lawyer first.
I got a no fault non contested while I lived in Texas and he was in Louisiana. His lawyer sent me the papers asking if there were children involved, (no) and if I was in the military, (no) and a few others all of which was no for an answer. I sent them back, and two weeks later, I got the divorce decree in the mail. (I promptly went out and got drunk to celebrate).
2006-10-24 00:26:39 · answer #3 · answered by Lucianna 6 · 0⤊ 0⤋
I think you are in the UK so are waiting 2 yrs for a no fault divorce?
Technically, the finacial settlement is separate to the divorce, hence people being dragged back to court time and time again. It was supposed to have been sorted out but some recent ruling means its all a mess again.
For safety sake work out the finacial package now. Dont forget your pension. The earlier advice was good, its your wife's lawyer that will be settling with you so the more you agree now the better. Get it notarised.
But for safety sake, dont get more assets.
2006-10-25 10:09:43 · answer #4 · answered by Anonymous · 0⤊ 0⤋
My advice to you is this: Why waste your time on just a legal seperation----putting your life and future on hold for 2 years? This in itself is insane!
Your wife will be entitiled to 1/2 of everything regardless if you wait 2 yrs or not! Save yourself the heartache and the grief and just cut to the chase and get the divorce. Either way the outcome will be the same.
Thru the marital settlement agreement---you and she can make your requests ---and if you are both mutually agreeable on everything the courts will GRANT the dissolution and it will be a no hassle---stress free divorce----
If you are hell bent on the 2 yr separation----don't buy anything ---NO NEW house---NO new CAR-----NO new bank account savings---NO new anything----This could be deemed marital assets---(remember---you are separated NOT divorced)
Your 401 k and her 401k can also be split 50/50....unless you both can be in agreement----that whats yours is yours and what is hers is hers.
Good luck----seek out a GOOD family law attorney for legal advice and help on this issue!
2006-10-24 00:33:02 · answer #5 · answered by aunt_beeaa 5 · 0⤊ 0⤋
This probably depends on the state that you live in. In California each party is entitled to half of anything accrued in the marriage. Thid doesn't matter if you are separated or not. Staying together for two years is probably just asking for trouble. Even though there is no animosity now, who knows what can happen two years down the road. The only thing that you can really do to protect yourself is end the marriage sooner rather than later.
2006-10-24 00:28:11 · answer #6 · answered by Paris 3 · 0⤊ 0⤋
You need to file for legal seperation. Have her sign an agreement that states all assets aquired after a certain date belong only to the person that purchased them. It will make both of your lives easier. Been there done that.
2006-10-24 00:32:41 · answer #7 · answered by Belinda 4 · 0⤊ 0⤋
If your in your wife's position, would you want 50% of the assets? You must have loved her or you wouldn't have married her. Maybe you love your assets more.
2006-10-24 01:02:45 · answer #8 · answered by curious55 2 · 0⤊ 0⤋
I think if you seperate, get it in writing from the lawyer. I dont think she can touch it then. I would get the divorce, My lawyer told me not to buy anything until 30 days after our divorce. After 30 days she had no right to the stuff I bought. If you are planning on getting the divorce later I would do it NOW and be done with it. That way you will know for sure that she can't touch it. Good luck
2006-10-24 00:20:01 · answer #9 · answered by bigdog_0032 4 · 0⤊ 0⤋
all you have to hope is that you don't win a large sum of money or inherit any as she can have a claim on what you get and so can you claim on her doesn't matter what you will still be liable for her debts if she gets into any so be so careful what you are doing get and see a solicitor and sort it out get her to sign to say that she will not come back on you for any debts that she accure and vice verse
2006-10-24 09:22:11 · answer #10 · answered by Anonymous · 0⤊ 0⤋