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Good evening Graham,

Perhaps a first point of action is to discuss the property division with your former partner. It may not be wise to rush off to court asking them to determine how the assets of the marriage are to be divided, especially where some sort of agreement can be made. Consider as well that to a certain extent you can control the negotiation process; going to court takes that process out of your hands.

Certainly what the court would consider in the circumstances should be kept in mind when going through negotiations with your former partner.

Keep in mind that litigation can be an expensive and stressful process – you might not want to add that to the emotional stress that you are already going through.