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Legal matters

When do you separate out the finances in a separation/divorce?

4 replies

PatsysDouble · 11/01/2012 14:09

Hi
My H moved out a few months ago, and it's looking like being a permanent thing. I have taken advice about finances and want to get myself in the best position possible to retain the house.
So, from what point/date do you actually separate out the finances and work out what each person gets?
Is it a future date when we agree that the separation is permanent, a date related to divorce or from when he actually moved out?
Just trying to get my head around it - and to figure out whether any money saved currently is 'mine' or 'ours'.
If it makes any difference, he is currently paying half of the mortgage (as it is in both ours names).
Makes sense either way for me to be as economical as possible for now, but I want to get my head around it all.
Thanks for any help and suggestions.

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sneezecakesmum · 11/01/2012 20:56

There are so many variables that you need to get some legal advice asap.

From what I know all the finances and childrens needs (if any children) get sorted before the divorce is finalised.
Having children complicates matters. Their needs are paramount.
If he has left and you are separated I would certainly (amicably) separate your finances (bank accounts, savings etc) asap.

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PatsysDouble · 11/01/2012 21:54

Sounds like we have been bumbling along too much. It was a trial separation that looks likely to become permanent.

I have taken legal advice with regard to expected proportion of capital and likely care of the children.

Currently using the same old joint account etc funding all of us from the same pot. Separating the day to day stuff out is fairly straight forward, the capital/equity would obviously take longer.

Would we just do a full disclosure thing on a certain date in the future for that? I did try to ask the solicitor that, but didn't get a straight answer and forgot to go back to it.

Any further thoughts would be appreciated!

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sneezecakesmum · 11/01/2012 22:10

I believe you have to go for a decree nisi (first stage of divorce where one of you petitions the other for divorce citing unreasonable behaviour or whatever). Don't fight it and keep it as uninflammatory as possible!

Then the financial stuff and agree re the children. (maintenance and residency) I think this is when the full disclosure of property and assets comes into it. Consent order lodged with court. (solicitor does all this).

Your solicitor will advise you re staying in the house etc, as having DCs puts you in a favourable position especially if you can finance the house yourself.

Then when the finances and children are sorted, the decree absolute.

Try to get it all done via mediation as so much cheaper than court proceedings. I definitely would not 'DIY' it with children and assets involved.

The Resolution website - here goes into all of this too. It is an awful lot to take in when you see any professional and a lot goes over your head unfortunately! Does mine anyway!

PS I am not divorced, so hope the above is not a load of drivel derived from the Jeremy Kyle show!

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PatsysDouble · 11/01/2012 22:44

Thanks - that makes sense and helps.

Jeremy Kyle - Grin

From that, I reckon until formal proceeding start, I just need to ensure savings remain saved and mortgage is paid to keep us all financially in as good a position as possible.

Will definitly be going down the formal, non-diy route. Too many different things to sort out.

I'll check the website out too, thanks!!

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