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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.

Redundancy over divorce proceedings

9 replies

Fat · 22/05/2023 18:17

Hi,
I started divorce proceedings after my husband announced me that he wants to leave me.
We’ve been gathering all the elements to complete financial settlement.
Last week my employer announced me that I’m redundant and my last day is to be in mid-June.
How does that impact my financial settlement?
Do I have to find out another job asap or wait until financial disclosure is completed?

OP posts:
Fat · 22/05/2023 18:18

@BetterFuture1985
Thank you very much for replying to my message :
"You should begin looking for work immediately or it might be construed that you are wilfully unemployed / not maximising your income / showing bad conduct.

It's fine to not have a job at financial disclosure, but only if you can prove you are actively looking."

OP posts:
DrMarciaFieldstone · 22/05/2023 18:21

How does that impact my financial settlement?

Are you hoping to get a larger settlement since you have been made redundant? That won’t be the case, you’ll be expected to find another job as soon as possible. Divorce proceedings are not quick. Also be aware any redundancy payout would be considered shared money if it’s paid before divorce is finalised

Fat · 22/05/2023 18:41

Earlier today, I caught up with my solicitor to understand how to tackle this change on my professional and financial situation. She said that I have 3 options:

  • Option 1: Find out another position in my company as I have 4 weeks of consultancy
  • Option 2: Get redundancy package, demonstrate that I actively search for a new position and find out another job asap
  • Option 3: Go back to my family in France (where I'm from) (an option I considered at the beginning of divorce proceeding)

She also presented Pros & Cons of each option:
Option 1: no change in terms of mortgage capacity and divorce proceedings

Option 2: I will get no mortgage capacity, I should rent something with the cash from redundancy package.
If I demonstrate active job research with applications, interviews and unsuccessful outcome, I could request a spousal maintenance for 6 months and request more money from house sell (around 80%).
If I stop paying ongoing bills and mortgage due to lack of funding, my husband could claim a refund afterward.
==> unfortunately there is no certainty (neither spousal maintenance nor amount from house sell)

Option 3: Is more complex as I have to detail my situation once I'm back to my family and parenting plan would be tricky to implement.

What do you think about option 2?
Does anyone have to manage same situation?

OP posts:
Fat · 22/05/2023 18:46

Also be aware any redundancy payout would be considered shared money if it’s paid before divorce is finalised

Do you mean it's considered as my current salary, an income in my bank account?
My solicitor said that if I receive a redundancy package, she should inform my husband's solicitor about the situation and the amount.
Could me husband request any sub-amount of my redundancy package?

OP posts:
Fat · 22/05/2023 18:56

@TheFlis12345
I started a new thread as suggested

OP posts:
Fat · 22/05/2023 21:30

It’s around 4 months net salary….

OP posts:
Fat · 23/05/2023 08:20

Hi everyone,
Do you know when I could request redundancy compensation once I leave the company (immediately or a few months afterward)?
http://www.direct.gov.uk/redundancy.dsb

Calculate your statutory redundancy pay

Calculate how much statutory redundancy you can get based on age, weekly pay and number of years in the job

http://www.direct.gov.uk/redundancy.dsb

OP posts:
OP posts:
DrMarciaFieldstone · 28/05/2023 00:40

You need to be using your 4 months redundancy as 4 months to contribute to the bills as normal, and try and find a new job within that 4 months.

It’s not a separate pot of money you can just sit on and keep to yourself.

Please get some proper legal advice rather than posting questions on here.

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