Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Divorce/separation

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

Divorce Advice Needed Please

4 replies

ifonlythelonely29 · 04/04/2022 08:53

Hi,

I just wanted some starter advice. I am strongly considering filing for a divorce from my wife & wanted to know roughly where I stand before doing so.

My situation: We have been together 10 years & married 4. My wife has a child from her previous relationship (they were never married). I brought the child up as mine since they were 3 years old. They are now 12. We rent a house & don't own any property of our own. We have separate bank accounts & have no joint money at all.

I'm assuming as divorces go my situation is pretty good? No property to divide. No joint bank accounts. No biological children.

Any advice would be much appreciated.

Thank you!

OP posts:
millymolls · 04/04/2022 09:30

Well it’s highly likely that the child will be considered a child of the marriage and you may find that is taken into consideration

While you have no joint accounts separate ones will need declaring and if large disparity could be shared/split
Are there pensions or other assets held separately? If so they will be considered

Spousal maintenance might be considered also depending on needs and incomes

ifonlythelonely29 · 04/04/2022 09:41

@millymolls

Well it’s highly likely that the child will be considered a child of the marriage and you may find that is taken into consideration

While you have no joint accounts separate ones will need declaring and if large disparity could be shared/split
Are there pensions or other assets held separately? If so they will be considered

Spousal maintenance might be considered also depending on needs and incomes

Money wise there is no real difference between us. I have a couple of thousand more than my wife I would think but nothing substantial.

No other assets. I have a very small pension due that isn't even worth worrying about as does my wife both from jobs we had over 10 years ago.

One thing I did want to add - I am in line to solely inherit my dads house once he passes away but I assume that doesn't come into the equation, or at least I hope not?

I did read that the child side maybe a little tricky. The dad is still on the scene & has been/still is paying child maintenance monthly.

Would a lot of this be down to the couple splitting up? I mean say my wife (in an ideal world) wanted to make it easy then we could agree to have a clean split, pay the basic fees for a divorce & go our separate ways. Done. I assume the possibility of me having to give her money for the child would only come about if she pushed for it? Also if that was the case at what age would I be required to pay it up to - 16 or 18?

Thanks for your help with this.

OP posts:
LemonTT · 04/04/2022 13:59

I don’t think you can claim CMS from 2 people. If the biological father is paying full CMS then there really isn’t a claim to make against you. Especially if the father was active in the child’s life.

Sounds like pensions will cancel each other out but you need to go through the motions.

ifonlythelonely29 · 04/04/2022 14:52

That's good to hear. I will do some research on the 2 claims of CMS. Hopefully you can only claim one.

Yes I agree everything else should cancel each other out. She is working full time. I am now a full time carer for my dad so it should all be quite simple by rights. Famous last words!

OP posts:
New posts on this thread. Refresh page