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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.

Separating finances before divorce

3 replies

xxxElizabethBennettxxx · 30/04/2024 12:53

I'd really like to separate finances asap, even though we are only just at the very start of divorce proceedings, but I have questions! (I do have a solicitors appointment lined up but I'd like to go armed with as much information as possible beforehand)

  1. is it usual to set up child maintenance on separation rather than divorce? As if we separate finances I'll need it to keep my head above water, and I'm not sure I could survive on just my income without it.

  2. he's a high earner and I'm not, so we've never been able to claim child benefit. As he has moved out, can I now claim it even though we are still married and as things currently stand have a joint bank account? I am going to set up my own bank account, so I could get it paid into that.

  3. if we separate finances now, will I still be responsible on the point of divorce for any debts he accrues? As he has form in this department and I worry about his spending now he won't have my moderating influence on him.

  4. can I claim a single person discount on the council tax? He's moved out permanently, but not actually changed his address in terms of any bills, voters roll etc.

Any advice very gratefully received!!

OP posts:
sunlovingcriminal · 30/04/2024 13:56
  1. it is my understanding that you can set up child maintenance from separation onwards. This would make sense when you separate out your finances and now that he has moved out.

  2. if he is no longer residing in your home, and you have separated finances you can claim child benefit. This is deemed entirely on your own income and does not take into account the level of maintenance you receive.

  3. I am not sure on this one.

  4. yes; if he is living somewhere else he should advise the council of his new address and be registered there for CTax and on the electoral roll. You can then claim single person allowance on your CTax.

xxxElizabethBennettxxx · 30/04/2024 14:09

Thank you so much!

Does 'separated finances' mean separate bank accounts? Would I need that before I claim child benefit do you know? As we're still both using a joint account although I'm keep to change that asap.

Also, he's not really got a permanent separate address - there's a bit of sofa surfing going on his part, plus a bit of time in an AirBnB. Again, hoping to get something more permanent worked out, but as this is for him to sort its not something I have much control over. Does he need a permanent address for me to claim the single person discount, or is it enough that he is no longer physical present at the property?

OP posts:
sunlovingcriminal · 30/04/2024 14:22

I would suggest that you set up your own bank account and claim child benefit into that. I'd also change your salary to go into that account. Then just pay anything into the joint account that you need to (I.e mortgage payments/rent/bills).

If he has moved out and doesn't intend to move back in you can take him off the council tax. It is up to him to declare where he is living now to the Council.

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