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Timing of divorce and financial settlement

(5 Posts)
Leybournelass Thu 09-Jul-15 23:16:47

For reasons too long and tedious to explain I want to divorce my husband (this will be after two years by consent) but I do not want to agree the financial settlement until my children are at least 18 ( currently 15 and 17). Is it legally possible to divorce now and agree the financial settlement after the divorce is finalised? (Yes I know that it might have an adverse financial impact for me).

prh47bridge Thu 09-Jul-15 23:32:26

Whilst it is usually advisable to finalise the financial settlement before the decree absolute there is nothing legally to stop you divorcing first and sorting out the finances later. Remember that if you remarry you may lose the right to make any financial claims against your husband.

Leybournelass Fri 10-Jul-15 07:28:59

Thank you for the prompt and concise response. As a matter of interest why is it advisable to finalise before the decree absolute. What are the disadvantages of doing it later - other than remarriage.

FuckitFay Fri 10-Jul-15 07:42:11

It's possible to divorce yes.
However you would be vulnerable if your ex husband died before that time. It's possible to reach a financial agreement now which records now what will happen when the children are 18+, eg that the house would be sold not until then.
If you remarry you lose all financial claims.
It makes it v hard to value your pension claim historically as you wouldn't have a share of his increase in pension after remarriage.
If he dies after divorce but before financial claims are resolved you will get nothing from his pension.
If you are the main carer of the children you may have greater financial claims now rather than when the children are grown.
You may have lost a maintenance claim for yourself as spouse.
Very few advantages for delaying unless you think his income is going to massively increase in the next couple of years.
What is it exactly that makes you want to delay until the children are older.

Leybournelass Fri 10-Jul-15 13:42:15

The house is in my name, I have a pension, he does not, I would not be able to claim maintenace for me or the children as he is on a low wage ( been a waster for years - he has what he deserves). I would not be making any financial claim against him for me or the children. I am going to convince him that a court would say me and children can stay in the house until they finish eduction ( they both want to go to university) and make out that that is way after age 18. I basically want my children to have a settled home until they are ready to leave and for us not to be pushed out, with me having to pay him a penny in the near future. I am hoping that within the timescale he wants to remarry/relocate to his country of birth/drinks or drugs himself to death etc ie there will be no long term need for a settlement - but if ultimatley we need to have a settllement I now know it is possible. I have funded the waster all our married life - I have always worked full time and been the primary carer while he has sat on his bum and earned enough to fund his treats with no concern for the costs of running a house/family - so if I sound harsh/manipulative this is why!! Hes so lazy he says will I sort out the divorce...........yes I will but to suit me!!

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