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  • Spherical359
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30 May 17 #492705 by Spherical359
Topic started by Spherical359
Hey everyone - I'm in separation hell right now.

My wife and I have separated, but as regards divorce there is no way my wife will accept my grounds for wanting to divorce her.

As we've been separated only one month, if we want a divorce anytime soon someone has to accept the blame, right?

Else we need to wait 12 months (we are in a country where the law is slightly different but it's similar to the UK) to get a consensual divorce.

If we have to wait then fine, but what I don't want is for my wife to be entitled to 50 of everything I have 12 months from now. Right now, okay fair enough, but not 12 months from now.

Is there anyway to make sure of this legally? What about a deed of separation? I hear people get these drawn up because for whatever reason they have separated but can't get divorced yet - which is the position we're in.

  • Bubblegum11
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30 May 17 #492706 by Bubblegum11
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"Else we need to wait 12 months (we are in a country where the law is slightly different but it's similar to the UK) to get a consensual divorce."

Laws that are slightly different could make all the difference. Do don't say where you are divorcing. I think it would be wise to consult someone with knowledge of your country's laws relating to divorce. In England you have to wait two years for a divorce with consent.

  • hadenoughnow
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30 May 17 #492714 by hadenoughnow
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You have indicated that you are in England and Wales. Please change your user details to reflect the country you are in.

Without knowing which country it is, it is very hard to comment. However I would have thought that a Separation Agreement would carry some weight if it was done with full financial disclosure and properly drawn up by a lawyer. At the very least it could form the basis of a future financial settlement.

Having said that, in England and Wales finances are based on the circumstances at the time of divorce. They also depend on needs and the means you have between you to meet them. Lots of factors are considered including your respective incomes and the length of the marriage plus any cohabitation. 50:50 is the start point for division of assets after a long marriage but it often isn't how it ends up. Scotland's laws are different.

Hadenoughnow

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