Separation - when did it start?

oxters

My friend's husband left home 2 years ago and he works in Brighton where he has a property which he lived in during weekdays while they were together and he still lives there.

He continued to visit her for a few days at a time and even go on holiday with her during their "split -up". My friend lives in Glasgow.
During these visits and holidays they had a normal husband/wife relationship and he insisted he had no other relationship. He continued to pay all the bills and maintained her during this period. She asked him if he wanted to divorce but he stated absolutely NO and wanted to remain married.

She has decided now to begin divorce proceedings and solicitors are involved. Apparently, he claims that the separation took place 2 years ago although she feels that because of their intermittent get togethers during the 2 year period, they only became separated recently when his infidelity with another woman became known to her within the past few weeks.

Her solicitor seems to go along with the claim by his solicitor that they separated 2 years ago. We feel that the continuing relationship, albeit only several time per year, constituted an ongoing marriage.

He has come into quite a lot of money within the past year hence the date of separation is crucial to any divorce settlement. Who is right here? I think it may be Scots law but I am not sure.

fannyanna

oxters wrote: »

We feel that the continuing relationship, albeit only several time per year, constituted an ongoing marriage.

What's seveal times per year? Twice? Ten times? Twenty times?

VestanPance

I'm not sure how the law would stand on it, but I would guess as both solicitors are saying two years then that would be the case. I guess as he has a separate permanent residence it would be difficult to prove otherwise.

The fact they saw each other now and again and went on holiday would not disprove separation.

Emmzi

She can't get a divorce until they have been seperated for 2 years. So if she has started proceedings, she must be saying it is 2 years seperation, surely?

oxters

fannyanna wrote: »

What's seveal times per year? Twice? Ten times? Twenty times?

About 6 per annum. I'd say some people whose spouses work away from home would be around the same?

oxters

VestanPance wrote: »

I'm not sure how the law would stand on it, but I would guess as both solicitors are saying two years then that would be the case. I guess as he has a separate permanent residence it would be difficult to prove otherwise.

The fact they saw each other now and again and went on holiday would not disprove separation.

Yes thanks, I can understand that opinion but I wonder how the law would stand on it

oxters

Emmzi wrote: »

She can't get a divorce until they have been seperated for 2 years. So if she has started proceedings, she must be saying it is 2 years seperation, surely?

Thanks, but no, it's the infidelity that's the issue.

BitterAndTwisted

oxters wrote: »

He has come into quite a lot of money within the past year hence the date of separation is crucial to any divorce settlement.

Is your friend absolutely certain about that? It's my understanding that all assets are joint-assets upon divorce. Just because he claims they were separated 2 years ago does not mean that this inheritance is strictly off-limits.

Mrs_P_Pincher

If she believed that their marriage was continuing until quite recently and they were having a 'normal' marital relationship (ie they were having s*x) when they were together, then the marriage continued until she became aware of the infidelity and changed her mind. Often people will agree to say they separated two years ago because, if both parties agree, that is grounds for divorce under English law. I don't see that your friend is under any obligation to agree that the marriage came to an end before she believes it did, especially if agreeing an earlier date would have implications for a settlement.

I think he's probably trying to divorce her under English law on the two year rule, for which he would need her consent, but he may struggle to do that if he is a Scot himself. He will need to be domiciled in England to use English law for the divorce and that is quite a complicated legal concept.

Your friend may need to find another Solicitor, who is not so eager to cave in and actually looks after her interests.

Mrs P P

oxters

BitterAndTwisted wrote: »

Is your friend absolutely certain about that? It's my understanding that all assets are joint-assets upon divorce. Just because he claims they were separated 2 years ago does not mean that this inheritance is strictly off-limits.

Thank you.If you are sure about that she would be OK. How sure are you?

Emmzi

oxters wrote: »

Thank you.If you are sure about that she would be OK. How sure are you?

There are no certainties as every marriage is different.

Mate needs a rottweiller solicitor, as previously advised, who can go through the detail. Not random people off t'internet.