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Are there any drawbacks from staying legally married when seperated?

(6 Posts)
Anothernamechanger1 Mon 26-Sep-16 07:47:01

Ex and I have permanently seperated, haven't started divorce proceedings and I wanted to wait a bit to do that to save abit of cash to pay for it and to sort my head out before doing it (been there before).

Are there any legal drawbacks to still being married? We don't have kids together (I have 2 from previous marriage but he doesn't have parental responsibilities) we don't have a mortgage, never had joint bank accounts or additional holder on each other's credit cards etc. We will definitely get divorced, but I wondered if there are any drawbacks I don't know about (other than emotional) of legally still being married?

Tia

YesThisIsMe Mon 26-Sep-16 07:50:38

One key thing is that you both need to make wills. Otherwise your ex will get everything if you die.

Suzietwo Mon 26-Sep-16 07:51:06

Yes
Without decree nisi (first decree of divorce) you can't have an order which dismissed you financial claims against each other - you can only have a separation agreement.

Anothernamechanger1 Mon 26-Sep-16 08:56:52

So even though neither of us have any money? I have debt, I'm a carer of one of my children so I literally don't have any extra money or any savings.... Even my car is on Hp and I rent.... So there is nothing he can have off me?

Anothernamechanger1 Mon 26-Sep-16 08:57:59

Iv never had a will, how do I go about that? Is it expensive. Again, I have nothing to leave in a will other than my children but as their biological father is alive and pays maintenance (although doesn't see them) surely he will end up with them??

YesThisIsMe Mon 26-Sep-16 18:09:28

Legally if you die without a will then your husband gets everything, separated or not. Books, clothes, jewellery, phone, TV, photo albums. And the contents of your bank account, however much that happens to be. He is also the person who has a right to apply for control of the bank account etc, so without his co-operation it could be a nightmare to sort the paperwork. Now of course if you have nothing of any value then he might willingly relinquish any interests. But it's not a good risk to take.

If you're really broke then a will form from WH Smith leaving absolutely everything to your DC in equal shares and appointing one of your parents/brothers/sisters as executor would be a hell of a lot better than nothing.
Here is the Money Saving Expert Guide to getting a will on the cheap - if you're in a union or have full household insurance then it may be covered by that.

Guardianship probably wouldn't matter because yes the children would naturally go to live with their father - though if anything happened to him you'd need to rethink Plan B immediately.

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