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To Stay Married, Is It An Option?

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davidk65 | 11:36 Thu 31st Jul 2014 | Civil
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A lady I know, married for 5 years, has split from her husband. The husband owns the house and she owns a weekend cottage. There are no children from this marriage. Living apart now, she feels enough-is-enough does not want to go through the legal stuff of a formal divorce and as fare as she is concerned its over for good. Of course no one knows if the husband is of the same mind, but if he is, is staying "married", in that sense an option. What kind of legal loop holes are there to be married but totally separated?
On the other hand if one party goes for a divorce can the other party remain outside of the situation? In any case do the parties have any kind of claim on each others assets? I am not sure if either contributed to each others property ownership i.e mortgages or how they shared their living together costs.
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If the lady doesn't get divorced then it's absolutely essential that she writes a will, otherwise, in the event of her death, here estate will automatically pass to her husband (even if, by then, she's not even seen him for several decades).

At the moment she can't get a divorce anyway unless she can prove (or her husband is prepared to admit to) adultery or unreasonable behaviour. She must wait two years from the start of their separation if her husband agrees to the divorce or 5 years if he doesn't:
https://www.gov.uk/divorce/overview

However divorce would still seem the best way to go as she might wish to marry someone else later in life.
also, it can have an effect on benefits
Question Author
Thank you for your response, very interesting as they say.
It has been suggested to the lady in question that if she goes for a divorce she would be able to make a claim on her husbands assets i.e. the house. She does not want to go down this route. However, could the reverse apply If she does not go for a divorce but the husband does, could he claim against her assets?
it wont matter which side "goes" for a divorce, or what "fault" lies where
Question Author
Hi Black_Cat. Thanks for that. But could you enlarge on it? Are you saying that either party has a claim on the other assets no matter what.

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