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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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If i get a Stauatory Declaration of separation signed by a

Customer Question

If i get a Stauatory Declaration of separation signed by a notary solicitor is it legally binding. I need it for student finance but i am not wanting to actvate a formal process at this stage. (not my choice that my husband moved out)
JA: The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else the Family Lawyer should be aware of?
Customer: My husband moved out in Feb 15 and is persuing a relationship with another woman with whom he had an affair and a baby in 2012.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Customer: I know it is unusual but i am not wanting to pursue separation or divorce, but am trying to get evidence of living seperately for student finnace
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
A statutory declaration in respect of your cohabitation status or the lack of it is perfectly legal and acceptable provided it satisfies whoever is asking for proof of this. They are not under any duty to accept it.They may insist that either divorce proceedings have been started all that legal separation proceedings have been started and that decision is entirely up to them.I’m not certain whether that answers the question for you or not but I’m happy to answer any specific points arising from this.
Customer: replied 1 year ago.
+--If i submit a Stat Declaration does that have implications for me if i am not wanting to pursue divorce. Could it be held against me at a point when i say i do not want to pursue a divorce
Expert:  Stuart J replied 1 year ago.
If you do not want to pursue a legal separation or divorce, and ultimately do not do so or reconcile, it may be that the student finance may allege that you only said that you were separated for the purposes of student finance not because you were actually split up. Would be for you to prove that you were separated at all material times for the purposes of finance.I am able to draft a document for you and I will submit a Premium Services proposal if you want me to do it for you. You are free to accept or decline as you wish.
Expert:  Stuart J replied 1 year ago.
Can I assist you any further with this today?When you get a moment, could I please trouble you to use the rating service?Unless you rate my answer service positively, I don’t get paid at all.Thank you.Kind regards