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Relationships

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Separation or divorce

4 replies

Lis667 · 08/08/2024 10:39

Do you have to document a separation?
me and my husband of 15 years (married 5) are separating. We have a mortage and a child. Do we have to seperate first then divorce? Can you divorce right away? I have an appointment with a mortage advisor next week, Dreading all this mess and have no clue how to start.

OP posts:
Northernlights100 · 08/08/2024 11:59

In UK there is no separation
document to my knowledge. You would contact companies like council tax & benefits due to circumstance changes. You would also call the utility companies once you are not both liable for the debt (eg if you or he bought the other out of the house). I believe you can divorce straight away if you both agree. I was told to get a financial settlement legally via a consent order before completing the divorce. I recommend getting legal advice before going to the mortgage company.

PinkLemonade555 · 08/08/2024 12:09

There is no official legal ‘separation’ other than divorce, however, if you are drawing a line in the sand in terms of separating finances from this point I would advise drawing up an agreement between yourselves to that effect. I’ve been in final hearings where one party (divorcing years after separating) tried to claim assets accrued by the other, post separation. This is particularly helpful if you are having to live together after agreeing to separate.

the divorce process takes a minimum 26 weeks. The financial order may take longer depending on what you can agree between you.

PinkLemonade555 · 08/08/2024 12:16

I also wouldn’t do anything re: the mortgage until there is a financial settlement. Assuming it’s not up for renewal imminently.

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