Concerns about splitting assets when getting a divorce

DJ26

Hi,

I am married but have been seperated for 2 years now. I am currently living in rented accomodation after selling the family home 2 years ago which was split equally between both parties. I am now looking at buying my own home where all bills/payments will be paid out of my
personal account. When I get divorced will my wife have a claim on any property I buy now?

Many thanks

TBagpuss

Yes.
Until you have a formal finacial order, made within divorce oproceedings, either of you can make finacial claims agaisnt the other.
In that situation, a court has to decide what is fair and reasonable, taking into accoubnt all the corcumstnces, so would be entitled to take into account the fact that you had split the sale proceeds, kept your finances totally separate over the past 2 years etc., but there is no guarantee that your wife could not be sucessful in making a claim as the court would also have to consider her (and your) finacial needs, income etc.

As you have been separated for 2 years you can divorce on the basis that you've lived apart for 2 years, provided that your wife is willing to agree, so I would very strongly recommend that you speak to her with a view to divorcing and having a clean break order drawn up so that there are no loose ends.

Iffor some reason divorce is not an option then as an alternaive, see whether she will agree to a deed of spearation setting out that the split of the assets when you separated was final and that neither of you will make any further claims. Such an agreement is not legally enforceable but is strong evidence that a court will consider if one of you were later to make a claim. There are strict requirments about getting legal advice and providing financial disclosure if you go down that route so do get proper dvice from a solicitor, don't try to DIY it.