I have been separated from my wife for 4 yrs this October. We have sold our house and have split all monies and assets at the time of separation. I have been in a relationship with my girlfriend now for 3 and a half years and we have bought a house together. The house is in both names. My girlfriend is also 7 wks pregnant with my first child. There are no other children involved. I have had no contact with my wife for the whole time. She refused to divorce me after 2 yrs and now I am waiting to apply for a divorce after the 5 yr period. Question: How can I protect my house from any divorce actions or settlements etc?

November 27, 2008 by Anonymous

It is unfortunate that with such a long separation (which is unfortunate in itself) that a separation agreement was not entered into. This would have provided evidence of what was agreed and could have contained a clause that your wife would not make any claim on after acquired property.

The difficulty you have is that on divorce a court can do more or less anything. Thus should your wife choose to make claims when a divorce petition is eventually presented, the whole position at that time must be considered. This will take into consideration the distribution which has already taken place, your position in having acquired a share in a new property and whatever your wife's financial position may be.

You ask what you can do about this. The answer is absolutely nothing. However what has happened with you setting up a new family is absolutely normal and to be expected. You will not be penalised for it and my expectation is that it will make absolutely no difference to the divorce settlement. In that you will be looking simply for an order that you and your wife having distributed the family assets between yourselves all further claims arising out of the marriage are dismissed.

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