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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

When does length of marriage end?

9 replies

IAmBreathing · 02/05/2023 17:03

Does the length of a marriage end once one or other spouse verbally said they want to 'take a break', or when they state they wish to separate, or when some sort of official procedure is made or papers served?

My H has moved out. Our wedding anniversary is July, but I am not sure how to calculate the length of marriage in terms of when the clock stops?

OP posts:
LadyGardenersQuestionTime · 02/05/2023 17:04

Why do you need to know exactly?

isthistheendtakeabreath · 02/05/2023 20:10

IAmBreathing · 02/05/2023 17:03

Does the length of a marriage end once one or other spouse verbally said they want to 'take a break', or when they state they wish to separate, or when some sort of official procedure is made or papers served?

My H has moved out. Our wedding anniversary is July, but I am not sure how to calculate the length of marriage in terms of when the clock stops?

I went with the date he walked out

GiltEdges · 02/05/2023 21:02

Well your relationship ends the day one or both of you decides to call it a day. Your marriage legally ends the day your divorce is granted.

IAmBreathing · 02/05/2023 21:33

Thank you. I'm asking because I'm aware that the longer the marriage the more I may be able to claw back some funds to make up for the pile of crap he's dropped me inZ

OP posts:
Gensola · 02/05/2023 21:35

When I got divorce finances were calculated from date of separation, not date of divorce. My divorce took 2 years from start to finish.

IAmBreathing · 02/05/2023 21:52

Gensola · 02/05/2023 21:35

When I got divorce finances were calculated from date of separation, not date of divorce. My divorce took 2 years from start to finish.

Thank you @Gensola - date of separation being the date one of you moved out of your home to stay elsewhere?

OP posts:
Gensola · 02/05/2023 22:18

yes, the date my DH moved out. I hope it all works out for you 💜 it’s really tough but it gets better

Humanswarm · 03/05/2023 14:46

The date of separation is ambiguous..some go from the date you discussed and decided to separate, some from moving out date. As you can imagine, everyone's circumstances are different in that respect. During my divorce, we went from the date he moved out, which was a couple of weeks after we decided to separate, for my dps divorce, they used the date the decided to separate as he remained within the family home for some time, due to work factor and childcare factors. Its up to you to decide when, and hopefully your stbxh, won't contest that.
If you're starting proceedings soon, and you're recently separated, then it won't have much impact either way..depends on your circumstances

Helpots · 03/05/2023 15:42

Hi, family lawyer here - length of marriage is generally from date of pregnancy-marital cohabitation to conditional order in divorce, although any post-separation accrual us generally discounted. The overriding concern is the needs of any children and then the parties. Hope this helps - if you can afford it, go and get legal advice

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