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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 we financially "divorce" ahead of actual divorce?

12 replies

InDeNile · 09/08/2017 11:43

I've been separated from STBXH for nearly a year. It was a mutual decision to split, and as a result of that we're very amicable, and co-parenting our 5 year old son pretty much as well as you could imagine.

I'm still in the family home, paying the whole mortgage, and I hope to be able to partially buy STBXH out, probably with a bit of a Mesher order too (or some other form of IOU!). I've had agreement in principle from our lender that I could take on the existing mortgage on my salary alone. STBXH is renting just round the corner which has been great for sharing childcare, but he's itching to get the finances sorted so he can buy somewhere, as he resents paying £10k+ a year in rent, when he could be paying off a mortgage.

Because we're friendly, and we expect to continue to see each other almost every day for the next however-many years, neither of us wants to divorce on the grounds of unreasonable behaviour. But nor do we want to wait another 18 months (realistically) before we can move on with our separate financial futures.

We would need another discussion about the details, but from previous conversations I hope we're roughly on the same page about the asset split, pensions, life insurance etc.

In these circumstances, would it be possible/sensible to draw up a separation agreement with a lawyer now, disentangling our finances completely, and taking STBXH's name off our mortgage so that he could purchase another property? And then sort the formalities of the actual divorce and consent order at a later date...or is this a highly risky/completely inadvisable suggestion?

A potential complicating factor is that he runs his own business (as a limited company). I'm currently minded not to include that in the considerations, as it doesn't hold any tangible assets like goods or premises, its success is purely based on his expertise/intellectual property, so I view it very much as his income stream to profit from...is this a foolish position for me to hold?

OP posts:
Looksprettybad · 09/08/2017 19:45

Watching as I'm thinking the same!

Kas74 · 09/08/2017 22:18

Hi I am new here, also interested in the answer to this one as I find myself in the same situation

AuntSallyLovesWorzel · 09/08/2017 23:13

I would seriously look at getting a second opinion, do you have a financial advisor ? they give impartial advice and its free rather than getting a solicitor , because they will just want you to instruct them.
Whenever I am in doubt I contact mine, hope this helps.

FabulousUsername · 10/08/2017 07:13

In order to move things on could you start the divorce process now? I wanted to do the 2 years option to keep things (hopefully) more amicable but was advised to just go for unreasonable behaviour...which is what I've done, but it's early days. We're living separately but both properties owned.

I have the same question about H's business! I've been told by a solicitor that the value (which would be assessed) would be something like 3x years profits and I'd be entitled to half of that, which would be a large amount, but I know that if he doesn't work he doesn't earn so it seems unfair to demand that! I haven't factored that money into my cash projections but I'd like him to know/appreciate I'm not going for that money...so he'd be a bit more 'reasonable' and generate some goodwill from his side.

If you've been living apart for so long already it seems a good idea to get the finances sorted so you can both move forward. Well done for getting your side sorted so you can take on the mortgage, hope you can keep things amicable.

IrritatedUser1960 · 10/08/2017 07:17

Its what I'm actually doing now, you will need a consent order to be drawn up by a solicitor and you can go ahead with the mortgage and transfer of deeds.
But be warned the judge signing the decree absolute can query your agreement. It doesn't happen very often, 9 times out of 10 they just sign it off but very occasionally they will challenge your decision, however if you both say this is what you want you don't need the judges agreement and you will still get your decree absolute.
i got a top divorce lawyers opinion on this to be sure.

IrritatedUser1960 · 10/08/2017 07:19

We have done our entire divorce without solicitors asd we're not about to waste £12,000 that we don't have by the way. It's cost a couple of thousand. As long as you both agree and are friendly it is no problem.

HighlyCompetentExWife · 10/08/2017 07:21

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HighlyCompetentExWife · 10/08/2017 07:23

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HighlyCompetentExWife · 10/08/2017 07:29

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MissFitton · 10/08/2017 07:49

We did this although our situation was fairly straightforward. We split up about ten years ago, sold the house and split the proceeds, divided up the assets sorted out CM and access and went our separate ways. Only got around to actually getting divorced this year which we did ourselves. Whole thing cost £550.

If you can remain amicable it can save a huge amount of money!

InDeNile · 10/08/2017 12:20

It seems this (complete financial separation before divorce) is possible then, as Miss Fitton has done it...but FabulousUsername makes me think I should consult a solicitor about managing the value of STBXH's business (I want to be at least fair, but not a complete mug)...and HighlyCompetentExWife has persuaded me I shouldn't completely discount unreasonable behaviour as the quickest way to resolve this. So definitely food for thought, thank you all. I'm going to repost in legal for extra opinions.

OP posts:
MissFitton · 10/08/2017 16:27

Good luck with it InDeNile - if you can keep it all amicable then it's got to be better all round. It's a shitty situation to be in but it doesn't have to be awful. -

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