Sorting out finances but not actually divorcing (yet)

(5 Posts)
AubergineDusk Sun 22-Nov-15 16:39:16

My husband and I are separating at my instigation. He does not want us to divorce, we will because that's what I want eventually but I am in no hurry. What I do want to get on with is resolving the finances as I am 50 and will need to get a mortgage to buy him out of the family home.

I believe it is possible to sort out finances without actually getting divorced.

1. Is this true?
2. What about if we agree a financial settlement then the financial situation of one of us changes before we are actually divorced e.g inheritance or winning the lottery?

I've tried to research this but not found the answer.

MidnightVelvetthe4th Mon 23-Nov-15 11:35:14

I think you need legal advice OP, could you make an appt with a solicitor? Some do a free half hour session that may be of use or you may like to book one so you have time to ask all of your questions.

I'm not certain enough of an answer to help you sorry, my understanding is that until your divorce you can't be financially separate.

If you are lingering over starting divorce proceedings because you want to make it easy on him, then consider changing that mindset. You need to put yourself first & do what's best for you & if that means divorcing right now, then do so. You are no longer responsible for his happiness.

TooSassy Mon 23-Nov-15 21:20:55

OP. If you want a financial split that is binding then you have to proceed with the divorce. Otherwise it will be reviewed again come divorce time. This includes inheritance and windfalls etc.

Capital divisions are binding once divorce is done (they are very difficult to overturn). Maintenance is the part that can flux especially if children are involved.

If you're sure of divorce then enter mediation and start the conversation in earnest

babybarrister Tue 24-Nov-15 07:54:23

yes but you then definitely BOTH need independent legal advice to ensure that the agreement is binding and that one of you does not go back on it after divorce which otherwise either of you are entirely free to do .....!

babybarrister Tue 24-Nov-15 07:55:36

I should also say that I think that the easiest way to ensure total security as to the agreement is to get divorced ....

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