Sorting out finances but not actually divorcing (yet)

[AubergineDusk]

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.

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.

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