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Separation
Separation is one basis for divorce. However, many divorces are brought on different grounds of divorce while a couple are still living in the same house. It may be necessary to prove a date of separation particularly in financial proceedings. This is simply a matter of evidence, for example proof that one party took up a new tenancy in their sole name on a particular date.
However, English law does not have a set rule that assets acquired after separation are ignored for settlement purposes. One party can seek a Court Order for sole occupation of a dwelling which will force a separation. This may be granted if behaviour is aggressive or unacceptable on any reasonable standards.
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Separation
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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