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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.

Date of separation-does it matter?

21 replies

anxiousmummy1 · 06/11/2020 15:53

Just that really. I have Nisi already and having FDR in January, but my ex is quibbling about the date of separation? I don't know why and am suspicious. He is claiming it is 3 months earlier than it was while he was still living here and was at pains to point it out to my solicitor when pension reports were ordered. Can anyone think of any reason why?

OP posts:
Jroseforever · 06/11/2020 15:56

I don’t the reason
But I do know there will be a reason.

FrustratedC0ffeeDrinker · 06/11/2020 17:08

It may be relevant in terms of the length of your marriage?

AlexisIsMySpiritAnimal · 06/11/2020 17:12

Once you have a legal separation you are no longer liable for debts accrued for the other person after that date (I think)
Is it something financial lily dodgy?

AlexisIsMySpiritAnimal · 06/11/2020 17:12

No idea where lily came from 🤦🏽‍♀️

WellIWasInTheNeighbourhoo · 06/11/2020 17:12

It'll be something financial he came into during that period and he wants you to have no claim to it.

AlexisIsMySpiritAnimal · 06/11/2020 17:13

Yeah, what Well said probably.

WitchOfTheWest · 06/11/2020 17:51

@WellIWasInTheNeighbourhoo

It'll be something financial he came into during that period and he wants you to have no claim to it.
☝🏻 It'll be this. Maybe a lottery win or a payout? Inheritance maybe??
Graphista · 06/11/2020 17:52

Generally speaking it will be financial. Even a small difference can make a difference legally re debt, division of assets etc it was a factor in my divorce which ex was not happy about but couldn't dispute. It meant I got a slightly better settlement. Not loads of money involved anyway, but still.

Given you're in the dark I'm guessing a bonus or lottery win or similar that he doesn't want you having a share of.

Inheritance I think can be ring fenced? Maybe depends what part of Uk you're in too if you're even in Uk as the laws differ especially on family law.

Only other possible reason I can think of is he wants to convince someone somewhere along the line that a new relationship had no crossover?

This was potentially a factor in ours as ex got ow pregnant while we were still together which I could have potentially used to divorce on grounds of his infidelity (I couldn't be arsed by the point I could have pushed for a dna test or whatever to prove it as I just wanted rid!)

anxiousmummy1 · 06/11/2020 19:15

Hmmmm thanks everyone, I just can't think what it is. We have exchanged form Es recently and there was nothing on there...although he claimed he had lost assets or never owned them all full of lies that I of course had to let go as I couldn't prove ownership of the items. I don't think he has won the lottery or had an inheritance. Is it for calculating length of marriage then? How will he benefit by being a couple of months shorter?

OP posts:
RandomMess · 06/11/2020 19:28

How long were you married prior to separation and how long were you co-habiting for directly prior to marriage?

Don't agree with his dates... look for evidence to support the actual date too!

anxiousmummy1 · 06/11/2020 20:12

The only evidence I've got is me having single person discount etc and changing the bank account the mortgage came out of

OP posts:
anxiousmummy1 · 06/11/2020 20:12

Married for 8 years and cohabiting for 3 before that

OP posts:
RandomMess · 06/11/2020 20:22

At least it's evidence...

Does 3 months take you over the 11 year mark??

PicaK · 06/11/2020 20:34

Inheritance? Company being set up? Capital gains tax on sale of house? Evidence of something being x months long not y months.
It is when you separated financially

FrustratedC0ffeeDrinker · 06/11/2020 21:15

The date of separation may affect how much capital gains tax you may both be liable for when selling any property including the family home.

Graphista · 06/11/2020 21:26

How will he benefit by being a couple of months shorter?

Some judges are sticklers for cut off dates. So will agree to a lesser settlement for the poorer spouse if the separation date means the marriage effectively ended before reaching a 10/20 whatever number of years married.

Not sure if it's still true but I divorced just after the 10 year mark and both lawyers said this was key re the settlement.

Yours being 8 years suggests to me a hidden asset or affair scenario is more likely.

Length of cohabitation if you lived together first is rarely considered

I don't know about tax rules but might be a factor. I've just had a brief look on gov.uk and can see there are a few circumstances that might affect you both.

Check with your lawyer next chance you get?

GroundAlmonds · 06/11/2020 21:27

OW? “See? I was separated before I met you, darling.”

Random mind games? To get you puzzling over it?

Is he generally a liar and manipulative?

anxiousmummy1 · 07/11/2020 02:02

It's the difference between being8 years 4 months married and 8 years 7 months with 3 years 4 months cohabitation.... he is financially abusive and has lied about and hidden assets

OP posts:
RandomMess · 07/11/2020 06:41

Worth spending money on a forensic account it would seem!

FrustratedC0ffeeDrinker · 07/11/2020 16:18

Can you screenshot any WhatsApp messages or emails sent between yourselves to “prove” the time of separation?

Jroseforever · 07/11/2020 16:27

Op

You really need to speak with a solicitor and ask them.

They will be very very well versed in ex partners trying to get one over

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