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If My Wife Leaves, We Are Both Semi Reired With Pensions,

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SteveandPip | 13:18 Thu 10th Mar 2016 | ChatterBank
14 Answers
we are nearly 60 and have our own savings, would it all be divided down the middle
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If you choose to separate then you can make your own arrangements as you are still married but living apart, but if you divorce a decision will be made by a judge.
14:10 Thu 10th Mar 2016
Your question isn't at all clear, but I would like to help if I can !

Please be more precise. What divided down the middle ?
Mikey...I assume all their assets.
Ummm...if that is true, in what circumstances ? When one of them dies ?

Its still far from clear what SteveandPip need advice about.
He said 'leave' so I think they may be separating.
I'm no expert, but I wouldn't have thought there would legally have to be a division of assets until a divorce.
Yes, it won't be settled until a divorce.
If you choose to separate then you can make your own arrangements as you are still married but living apart, but if you divorce a decision will be made by a judge.
and try to do it well amicably
and only get the lawyers in when just about everything is done and dusted

the 'other' way is very expensive ( but good for lawyers pensions etc )
A judge will only be asked to make a decision if you and your wife can't come to an agreement between you. Far better, and much cheaper, to sort it out between you.

This will help
https://www.gov.uk/money-property-when-relationship-ends/overview
hc; //A judge will only be asked to make a decision if you and your wife can't come to an agreement between you.//

This isn't true, s/he will want to know what arrangements you have made and make an assessment.

A friend of mine divorced amicably and because he was earning well and his wife wasn't employed, he gave her the valuable house and most of its contents. The judge said he was too generous. When asked why, the judge said, "You are earning good money now, but should you lose your job or become ill, you will have no income (he had little savings) and will fall on the state for assistance".
You have to apply for a financial order (used to be called ancillary relief) separate to the divorce if you want the court to decide the division of assets.
The divorce is usually granted first.
If nobody applies for the financial order the court will not be involved in the financial side at all. The court won't ask for details of the financial agreement unless the financial order is applied for.

Usually you cannot apply for a financial order until there has been mediation which has failed to reach an agreement.

From page 1 of my link:
You can work out an agreement with your partner to avoid going to court.
hc; Both were happy with their arrangement so I do not see why a court decision would be asked for. I'm talking Manchester, circa10 years ago, maybe things are now more lax.
If a couple come to a financial agreement they can apply to the court for a consent order that makes it legally binding, but they don't have to do that.
I can't comment on your friends' divorce but it was much the same in England 10 years ago.
Lawyers are not good, keep them till the end, and negotiate yourself and reach an agreement between you. You probably feel that (at your age) you have no future. This is a fallacy; you'll get through.

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