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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Utility Bills on seperation

  • Kenpoguy
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18 Dec 17 #498164 by Kenpoguy
Topic started by Kenpoguy
Hello, I am in the throws of getting divorced. My wife has a solicitor but I am self represented. Her solicitor has advised that I should continue to pay the mortgage and utility bills in full even though I left the house at the end of August.I have requested clarification in the eyes of the law as I was led to believe that these were a joint liability? I am happy to pay half until the finances are sorted. As yet her solicitor has skirted the issue.
Could anyone please advise.

Thank you all,

Paul

  • .Sylvia
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18 Dec 17 #498165 by .Sylvia
Reply from .Sylvia
Does your wife work and whose name are the bills in?

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19 Dec 17 #498182 by Kenpoguy
Reply from Kenpoguy
Hi, yes she runs her own business. The mortgage and bills are in joint names.

  • WYSPECIAL
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20 Dec 17 #498196 by WYSPECIAL
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But you haven't used any of the utilities so no reason why you should pay anything towards them.

Does she have the means to pay the mortgage in full herself while benefitting from sole use of it?

  • willapp
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05 Jan 18 #498495 by willapp
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I'm guessing even though the bills are in joint names, the payments are coming out of your account? If she is working and has the means to pay the bills then there is no reason you should keep paying them as you are not receiving any benefit from this.

It sounds to me like her solicitor is relying on your ignorance to get you to keep paying these bills. If they are coming out of your account then I would first try to get your ex to agree to transfer the payments into her name, and if she refuses, well then legally I'm not sure what you can do but you could try contacting the companies and see if you can have your name taken off the account. Failing that, maybe you can stop the payments happening automatically (i.e. cancel direct debits) and then your ex would receive a letter from them and ultimately would have to pay the bills to avoid having the service cut off.

  • reabo1
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06 Jan 18 #498521 by reabo1
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the mortgage will have to remain in both names. You are jointly responsible so not paying carries a risk, but if she has sufficient income to pay it herself do you need to be paying it? you also need to consider any children under 18 in this decision.
write to/ phone the utility companies and explain that you are no longer living in the house and are therefore not responsible for the bills. they will take your name off and bill your ex directly.
similarily for the contents insurance when it is due.
Her solicitor is relying on you not knowing so you continue to pay. When it comes to sorting out the finances the fact that you continued to pay can be used as proof that you can afford it and will be used 'against you'for want of a better expression.

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