Joint Account
Submitted by ablebadgirl on Fri, 26/02/2010 - 17:34
I am currently married, but living as separated, divorce has not yet been discussed. I have a new partner and we would like to save together in a joint account. If I did would my husband be entitled to these savings when the time comes for divorce? Or would you recommend me and my partner saving single until I am divorced. Also how long do you have to live as separated before you can file for automatic divorce?
On the breakdown of marriage
On the breakdown of marriage all the assets and liabilities of the parties have to be revealed.
If there is no agreement the court will impose an order based on the means and needs of the parties with particular reference to the children.
In my opinion you should keep your assets separate at this time. It is then clear as to what is yours and there is no confusion as to what belongs to your partner.
There are in effect 5 grounds available on which a divorce can be founded once the parties have been married for one year.
1. Adultery - usually proved by an admission.
2. Unreasonable behaviour - a very luke warm concept which usually means any type of conduct disliked by other spouse.
3. Desertion for 2 years.
4. Separation of the parties for 2 years and the other party consents.
5. Separation for 5 years whether the other party consents or not.
If there you are looking for a divorce based on separation then the period is 2 years.
Hope this helps.