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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.

What date is normally used for a snapshot of assets for dividing up? Separation or divorce?

4 replies

User63847484848 · 03/08/2023 19:34

If there’s a gap between separation and actual divorce, are the assets split according to how they were when the separation happened eg one person moved out, or is it at the time of divorce? For example are both parties responsible for credit card debt one person incurs after they’ve separated? That wouldn’t seem right.
Or if the other party goes on to get a pay rise and a large bonus, would that be taken into account?

in my situation I moved into a small rental property with the Dc 6 months ago as the situation at home was untenable (not violence towards me but scary behaviour like throwing and breaking stuff and lots of out of control emotion infront of the children) and he wouldn’t move out.

the family home is on the market now and when it sells we should both be able to buy somewhere (he will most likely have to ‘help’ me due to the split of assets he is proposing).

in terms of savings, do we split those as they were on the day I moved out which we’re sort of taking as the official separation date? Is that normal? It does seem fair to me even though it potentially benefits him due to a higher salary since and a guaranteed bonus.

or if things turn acrimonious (really hoping not) do we have to declare assets and savings as they are at that moment, possibly 9-12 months after the separation?

OP posts:
LemonTT · 03/08/2023 20:45

It depends on the asset or liability and it depends on your circumstances. Fundamentally everything is joint and will be in the pot to meet needs.

Generally

The split on property is usually the point at which it is sold, regardless of who pays for it. That’s why people use %.

Debt is usually at the point of split, but there could be exceptions. After you split its all yours. Things like gambling debt could be excluded even if incurred in the marriage.

Windfalls post separation need to be declared but there is no hard and fast rule about how they are treated. Usually inheritance’s are excluded. But not so for redundancy or a bonus earned whilst together.

His needs will be based on his maximised salary when divorcing not when you split.

User63847484848 · 04/08/2023 10:39

Thank you
its all so complicated and he’s adamant we don’t spend money on solicitors but sort it out directly between us. (I have seen a solicitor for advice and am waiting for her to get back to me on what he’s proposing). I would so love to just hand over the process to solicitors but can’t really afford to and at the moment, especially until the house is sold and whilst I’m renting, I still feel reliant on his good will and feel the fear about upsetting him and inciting his anger.

OP posts:
Mumof3confused · 05/08/2023 11:13

@LemonTT interested to know some examples of what exceptions there might be post split in terms of debt? For example if the debt was incurred to furnish a new home for the children could that be taken into account?

LemonTT · 05/08/2023 12:45

Mumof3confused · 05/08/2023 11:13

@LemonTT interested to know some examples of what exceptions there might be post split in terms of debt? For example if the debt was incurred to furnish a new home for the children could that be taken into account?

I would say reasonable or unavoidable debt incurred in pursuit of the matrimonial situation. But you will need more qualified advice than me.

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