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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Divorce advice please?

6 replies

Joy69 · 12/02/2018 21:05

Hi everyone, not sure if any of you will know the answer to this or been through this, but hopefully you can help.
I want to divorce my husband this year (not lived together for 2 years) We seperated the finances & sorted the division of the mortgage through a solicitor and now have our own houses.
I know I can do the majority of the divorce online, but would my ex have a claim over any of my assets, or money I would be left in a will after the divorce?
I really cant afford to do this through a solicitor unless I really have to, and dont trust my stbxh one bit.

OP posts:
Cricrichan · 12/02/2018 21:09

Why don't you get your 30 minutes free solicitor's advice and they'll be able to advise. I don't think you pay before you divorce but afterwards. If you go with a list of what you both have, how long you've been together, kids etc they'll be able to tell you how to proceed.

Sanch1 · 12/02/2018 21:30

If you don't have a clean break consent order then yes, in theory, if you were to win the lottery or get an inheritance he could claim a share, even if divorced. My solicitor is costing around £500 to do my clean break order on the basis that we've agreed all finances and it's straightforward.

G120810 · 13/02/2018 02:48

My DM and DF divorced and he came into his inheritance and she wasn't entitled to it as it was assets he got after divorce he knew he was getting this and lawyer who is family friend told him from the day you separate and put divorce petition in then neither of you are entitled to anything gained from this date forward no future earnings or property bought or winning lottery your spouse is only entitled to assets and money property savings you have during your marriage yes you could waste your money on the clean break order but there's no need your just wasting your money on it

ChaChaChaCh4nges · 13/02/2018 03:02

I don’t think that advice from G120810 is correct. It might have been, but subsequent divorce cases have changed the position now.

Bouledeneige · 13/02/2018 03:04

You do need some legal advice i think. Neither of you will be entitled to any share of each others inheritance or assets post divorce.

However, depending on the length of your marriage and if children are involved there are a number of factors you need to bear in mind with regards to splitting assets existing prior to divorce. In a long marriage the presumption is a 50:50 split of all assets including, property, savings (debt) and pensions and if one partner earns significantly more than the other there could be the matter of spousal maintenance - unless you negotiate a clean break. You will be expected to complete a declaration of all assets including the value of pensions (you will need to get a valuation from each pension you have) etc.

I presume kids are not involved but if there were you would need to calculate any maintenance payments if they live more at one house than the other and access.

Get some advice though - just on the principles that apply. You dont ever want to look back and regret that you got an unfair deal.

MooseBeTimeForSnow · 13/02/2018 03:47

Whilst I was a trainee at a law firm we had a case whereby the agreed consent order was sent to Court to be approved by the Judge. It was after the weekend before he could approve it. One of the parties won the lottery that weekend ....

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