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Scenario
Analysis - Separation
In English law you do not need to apply for separation. Separation is a matter of fact and where relevant is established by evidence. |
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Separation - Scenario Analysis Example #1
Mr M consulted us concerning his wife's behaviour. She had a long-standing drug problem and would come and go without warning from their home. She had spent large amounts on drugs emptying bank accounts and incurring debt to pay for them. He and their children were very upset.
Our solution:
We advised him that he could seek a sole occupation order which would keep her away from the home. He was anticipating a substantial bonus in the next six months and asked whether excluding her sooner would mean this was not taken into account in any financial settlement. We advised that a Court would need to include it as an asset but that did not neccessarily then mean that it would then be equally divided. The question of what was a fair division of property was a second stage calculation. In view of his wife?s waste of their resources an equal division would not be appropriate.
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