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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Question on sorting finance out

34 replies

Heatherjayne1972 · 16/03/2017 12:29

So I'm filling in a form which is asking for mine and exh finances
All ok until the question about savings. We been split 2 1/2 years and he has none but plenty of debt ( all his). but I have savings and very little debt
The money I have saved up is to pay for stamp duty/solicitors fees etc for my new place
Question is can the court make me give him half of that money? Or is it safe
Thoughts anyone

OP posts:
EnormousTiger · 17/03/2017 20:49

Mind you do be careful if it's the same solicitors and you pay it for costs that they do not use it for divorce advice costs much higher than you are expecting.

Thanksforasking · 17/03/2017 20:54

My ex was entitled to half my savings which I accumulated during three years of separation. I was working full time and he was unemployed. I had the dc, he hardly saw them. He paid £7 pw maintenance out of his benefits.

If I had known he was entitled to it I would have divorced him earlier or spent it eg a new car. Not recommending you do that now as it might be obvious what you are doing.

Not fair is it?

But get advice from your solicitor as everyone's case is different.

Luckyescape2789 · 18/03/2017 22:09

I'm currently going through a divorce and my stbxh had hidden debt with cc and loans that he spent all on himself. My solicitor as to advised me he would have to prove he spent this on the family. I hope this is true for us.

Heatherjayne1972 · 18/03/2017 22:52

Lucky that's what I've been told
Cc debt solely in his name=his problem unless he can prove it was 'family debt' i.e. A new kitchen or bathroom or similar

Like I've already said if there were savings/ debt from the marriage fair enough but when you not even spoken for months and months it seems horribly unfair to be forced to hand over money which should be going towards what is best for the children. ( in my case it won't- he will 100% spend it on himself)
I'm just horrified that this is considered 'fair'.

OP posts:
TheNaze73 · 18/03/2017 22:55

It's not fair, like a lot of things in divorce proceedings. Spousal maintenance is another example.

EnormousTiger · 19/03/2017 09:11

Do what your solicitor does although generally all debts and all assets whoever names they are in including equity in the house and the debt of the mortgage are added in and then you see what the net worth of the family is and then you apply your divisions. it must be quite hard to decide what is debt from the marriage eg wife's clothes on a credit card do people go through each card crossing off - that was a famil holiday so it's included, that was a girls' only holiday so not, that was wine but shared with the wife so included, that was champagne with the mistress so not included.

Heatherjayne1972 · 19/03/2017 10:12

So what happens when you have no paper work to 'prove' who spent what on what and when
Split almost 3 years ago have moved twice since then
I'm almost sure he burnt his cc statements before leaving

OP posts:
EnormousTiger · 20/03/2017 08:25

I am surprised by people saying you pick it apart like that. In most cases the debts and assets are just added together - doesn't matter whether it was spent on gambling, shoes, holidays for the family, food or an expensive hobby to work out the family net assets and then divided in a certain percentage - equally if you earn the same and children are with you each half the year etc but perhaps 40/60 in favour of lower earner.

All credit card statements these days can be downloaded and he could if it came to a hearing be forced to pay to obtain further copies from the credit card company but I suspect you are likely both to have to negotiate and compromise on both sides in agreeing a settlement between you that you can both live with.

BillMasen · 21/03/2017 20:17

Disappointed to read advice to "spend" or hide an asset from the courts to avoid an ex getting a share of it. When male exes are suspected of doing this it's always quite rightly said that it's totally unreasonable of them...

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