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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.

Can a divorce be finalised without finances being sorted?

13 replies

Blushingm · 07/05/2017 21:46

I just want to cut as many ties as possible - I don't want to be married to him but it's taking forever to come to a financial agreement

Can I be divorced before the finances are sorted or do I have to wait? There's no one else, he's agreed to my initial petition etc

OP posts:
Garlicansapphire · 07/05/2017 21:49

Its a really bad idea. Unless you can just cope without any sharing of resources. Otherwise there is no incentive for him to ever settle.

outabout · 07/05/2017 21:54

Placemarking and panicking!

Blushingm · 07/05/2017 22:04

All I want off him is maintenance for the DC (I've applied through the csa - he's going to hit the roof)

I've said he can walk away debt and asset free . The equity in the house cancels out our debts. He's just spiteful and thinks everything is not fair on him

OP posts:
Mrskeats · 07/05/2017 22:05

It's not a good idea
Solicitors advise against it

SomeonesRealName · 07/05/2017 22:07

I did and my solicitor didn't advise against it. There are circumstances where you shouldn't though so take some advice.

RandomMess · 07/05/2017 22:12

Speak to your solicitor.

I think a risk would be that you pay off the debt and then he claims a share of the equity when you settle the finances...

Suebromley · 07/05/2017 23:25

Solicitors will always advise against it as it CUTS their fees big time!,

Im shocked how much advice people give to speak to solicitors before doing whats right for you as its the woman who has to pay her fees

Garlicansapphire · 07/05/2017 23:34

Well obviously don't pay any fees to a lawyer if you understand all the law or like a gamble and have nothing to lose.

You dont need to have continuous legal involvement in negotaiting the deal - I didnt. I just made sure my lawyer advised me on the principles of weighing up the assets correctly - including the pension calculations, debts, housing assets, relative salaries and expenditure. I did need a bit advice on how to offset our different pension allowances v. the housing assets. But then I negotiated all the rest with my X.

But I guess if you know all that stuff already go ahead. Good luck! The most bitter divorced women I know didn't get good advice and now feel very cheated as they lost out big time or got saddled with paying off their X's debts.

lizzyj4 · 08/05/2017 07:17

It also depends where you live, you have to agree all the finances etc., before you can divorce in Scotland.

meditrina · 08/05/2017 07:19

Also, don't forget value of pension, if either of you altered your working pattern because of the marriage.

babybarrister · 08/05/2017 14:02

This reply has been deleted

Message withdrawn at poster's request.

MrsBertBibby · 08/05/2017 16:50

Well, not all pension claims! Just claims for widow's pension under the other side's pension if they should happen to die before finances are sorted out. Some bereavement benefits if you have kids (but those have been massively reduced), again only relevant if the other side dies.

Some issues if property isn't in joint names.

Sometimes there are tactical considerations, like someone wanting to get remarried.

Sometimes it's fine, sometimes it's absolutely the right thing, sometimes it's a massive act of self sabotage. It all depends.

PollytheDolly · 08/05/2017 17:00

I did and my solicitor didn't advise against it. There are circumstances where you shouldn't though so take some advice.

I did a Financial order with my ex my DH didn't. His solicitor didn't advise against it either as it's never going to get sorted. Took steps in other areas to safeguard assets post separation. Sometimes it has to be this way (depending on the other party).

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