Divorce or Legal Separation?

[smokinaces]

Hi

Ex left 2 years ago in June. We had no joint assets or debts. Neither of us have life insurance. We are not yet divorced.

Saw the bank today and have consolidated my debts so they are paid on within 30 months. Was talking to them, and they said that because I am still legally his next of kin, if he were to die his debts (with their bank) at least would fall to me. She advised me to get a divorce as soon as possible.

Now I begrudge paying for the divorce - its £500 I havent got, and he left me, but equally I dont want to be responsible for any of his estate or debts if he were to die.

What is a legal separation document, how much etc?

Or am I ok doing nothing if we've been living apart for 2 years?

There's no point in doing a judicial separation, the procedure is almost exactly the same as a divorce and it costs the same.

If your ex dies whilst still married to you, his debts would be paid from his estate, ie from whatever assets he has when he dies. If he has no assets, or joint assets with you, the bank will not be able to claim from you.

I'd still get on with doing the divorce if I were you, though. Towards the end of the petition is a part where you can claim the costs back from him.

By the way, by legal separation document, perhaps you mean a separation agreement? Again I wouldn't bother, it'd have to be tailor made by a family lawyer to be effective and enforceable and could cost the same as just doing the divorce.

Fab, thanks mumblechum.

there has been a small development in that he wants a divorce instead of paying the maintenance arrears - so now I know I am not liable for his debts he can sing for a divorce until he has fully paid for the kids!

Makes me feel a hell of a lot better knowing that I'm not liable for him and his spending though.