Legally Seperated - What does that mean?

J

Jane

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A friend of mine is selling her home & moving in with her boyfriend who was previously married. She is obviously very excited about the whole thing, but I'm a little more weary. I'd have preferred if they both sold their house & bought a new one together, but they decided against that.

Anyway, he was married, but is now legally seperated. What does that actually mean? If he died tomorrow, would his ex wife be entitled to everything, unless of course he made a will?? There are no kids from his marriage, but my friend has a son.

I want to be excited for her, but I think she is being a little foolish & want to at least get her to consider her legal standing.

Thanks all.

J
 
What does that actually mean?

That there is a degree of formality about the separation - the precise terms contained in a formal Deed, settlement or Court Order. Without knowing the terms, its not possible to advise where your friend stands.

It would be the norm that parties would waive Succession Act entitlements and do a Deed of Waiver as regards all current and future acquired properties.

Every case differs. She might be well advised to agree with new partner what is to happen if they separate - particularly if she is putting her money into his house, that should be reflected in a form of agreement.

mf
 
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Thanks MF1 & Clubman. I will have to be subtle about how I do this now !!

I know love is blind, but somethings it can be deaf & dumb !

J
 
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