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Divorce/separation

Am i being financially stupid? Or is this correct?

6 replies

CalleighDoodle · 19/12/2014 18:45

My H asked for a divorce 14 months, moved out 6 months ago, and stopped paying anything towards bills / mortgage 3 months ago. For past 3 months he has just paid the amount of child support he needs to acc the gov website. Neither of us has seen a solicitor.

Am i being an idiot to not expect anything towards bills before we have even started divorce proceedings? Or is this normal if he no longer lives here?

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holeinmyheart · 19/12/2014 20:20

It depends on whether you can afford to let him pay nothing towards the mortgage.
I think you should at least go to the CAB for advice as often what begins amicably ends up in a wrangling cut throat situation.
I would certainly not like to be cheated out of what may be rightfully mine because i had lesser information.

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ThinkIveBeenHacked · 19/12/2014 20:21

If the bills.and mortgage are in joint names then surely he is liable for half of them?

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CalleighDoodle · 19/12/2014 20:22

Thats a good idea thanks

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JanetBookLover · 19/12/2014 20:36

I earned a lot more than he did so he stopped paying bills when he left and had financial claims on me. Which of you earns the most?
If he earns more and you don't earn enough to keep yourself then you can apply for emergency maintenance for yourself even before you have the final divorce hearing if he will not agree a sum for you in the meantime.

Mind you if you are going to get the house you can see why he may not be wanting to pay the mortgage to help increase the value of an asset he will not get. on the other hand if you are about to sell it and split the proceeds 50/50 then it may be reasonable he pays some of it. I presume you are not paying his rent which indeed he might well claim from you if you earn more?

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STIDW · 20/12/2014 11:41

If the mortgage is in both names each spouse is jointly and severally liable to pay the whole mortgage. It isn't uncommon for a separated spouse who enjoys the sole use of the former matrimonial home to pay all the mortgage and pay their own bills if they can manage financially. After all the other spouse has their own living expenses to meet. Running two homes is more expensive than one and it is a case of readjusting to a lowers standard of living. One way of looking at it is you pay your own share of the mortgage plus your husband's share in lieu of rent for occupying his share of the property.

IT is possible to claim maintenance during separation if you are struggling financially and your husband has disposable income after meeting his own living expenses. HOwever there is little point in claiming Maintenance Pending (the divorce) Suit, as it is called in England & Wales, when it costs £2.5k-£3k in legal fees if MPS is only likely to be paid at £200/month for 10 months. Time and money is usually better spent reaching a final settlement which can be done in 10 months.

MPS is subject to the general court rule that the successful party pays the costs of the unsuccessful party. That means even if you represent yourself you can be ordered to pay the other sides legal bill if you are unsuccessful. Therefore it is advisable to seek a legal opinion about the probability of success before anyone embarks on this route.

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CalleighDoodle · 21/12/2014 20:04

Thanks for all your advice. I earn more atm i think. But he has constantly lied about his wages our entire marriage (along with mostnother things) so hard to say. He would never produce a wage slip. I can manAge with only maintananec as increased my hours at work in sept. so wouldnt want anymore. but am concerned that while he said he didnt want anything from the house, he could change his mind having not been paying. before sept we were roughly on the same salary. Again, as far as i know.

I will get myself to a solicitor in jan.