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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, my partner has been separated from his wife for over 3

Resolved Question:

Hi, my partner has been separated from his wife for over 3 years but is not yet divorced. I met him after he separated from his wife and we have been living together for almost 2 years. As he is still legally married, what is the situation if something happens to him?
Thank you.
Submitted: 6 years ago.
Category: UK Family Law
Expert:  Thomas replied 6 years ago.



Does he have a Will?


Does he have children?


Does he have a property which he owns with other people (eg. wife)?


Kind regards,



Customer: replied 6 years ago.

Hi Tom,

no, he hasn't got a Will, he has no children and the property they had has been sold.


Expert:  Thomas replied 6 years ago.



He should make a Will immediately. At the moment his estate would pass according to the intestacy rules.

This means that his wife would get his personal possessions and everything up to £450, 000.00. Anything remaining after this would be divided in two with half going to his wife and the other half passing to his parents. If he has now parents then it will pass to his brother's or sisters or their children.


You could potentially make a claim on the estate if he died in these circumstances but you would need to prove that your were dependent upon him to a significant extent before his passing. It could also be expensive to do this.


He has to make a Will immediately, but in the long term he should get a divorce.


If this useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received so that

Thomas and 2 other UK Family Law Specialists are ready to help you
Customer: replied 6 years ago.

They got married in the States, but moved to the UK 9 years ago. When we went back to the States he went into the registrar office but he was told that he cannot apply for a divorce in the States, as they both are now residents of the UK.

Where would he have to go to in the UK, London to get divorced?


Expert:  Thomas replied 6 years ago.

He would not have to go anywhere. He can submit a divorce petition to any county court and they will then issue it - he/his solicitor would then have to serve upon his wife at her uk address. She can then apply to have it moved to a different Court in the UK thereafter if appropriate.


He can find divorce solicitor in his area by using the following Law Society search engine, entering his postcode and selecting "family law" from the drop down menu.


Hope this clarifies, if so please click accept. I will continue to answer any other questions you may have.


Kind regards,



Thomas and 2 other UK Family Law Specialists are ready to help you