A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Is it ok to move out?

  • Alone1433
  • Alone1433's Avatar Posted by
  • Junior Member
  • Junior Member
More
19 Apr 12 #325165 by Alone1433
Topic started by Alone1433
Hi

My husband and I have been married for almost 8 years and lived together for 3 years before that. We have no children.

We are now looking at separating but can''t agree on who should move out.

At the moment everything we have is in joint names apart from pensions, we only have joint bank accounts. We both earn well but he earns almost three times as much as I do.

There is no abuse and we are trying not to get acrimonious about things.

Having said that for my own sanity I am quite keen for us not to live together, at the moment it doesn''t seem quite real and I think for me to start coming to terms with things we need to be apart.

If I chose for the above reasons to be the one who moves out am I at risk of damaging anything for myself for any future settlement?

Thanks.....

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
20 Apr 12 #325200 by hadenoughnow
Reply from hadenoughnow
I doubt that in this case moving out woul be a problem in terms of asset splitting. What you do need to think about is how you would afford it. Would whoever stays in the FMH pay the mortgage etc? Or would you continue to share the costs so whoever moves out also pays rent etc.
It would be sensible to disentangle your joint finances.
If you don''t think the marriage is salvagable, it may be an idea to divorce and sort finances sooner rather than later. You can use the mildest possible UB grounds that you agree between you and use mediators to help you reach a financial settlement.

Hadenoughnow

  • livinginhope
  • livinginhope's Avatar
  • Platinum Member
  • Platinum Member
More
20 Apr 12 #325250 by livinginhope
Reply from livinginhope
If you will have to sell your house to reach financial settlement I would say stay put until it is sold.The one left in the house can make a sale very difficult if they aren''t in a hurry to sell.

  • Alone1433
  • Alone1433's Avatar Posted by
  • Junior Member
  • Junior Member
More
20 Apr 12 #325252 by Alone1433
Reply from Alone1433
Thanks for the answer.

At this stage what we said was that for the time ebing all money would continue to go into and come out of the joint account - so the mortgage for the house and the rent for wherever one of us move into would both be paid jointly.

Another question I have is that whilst it''s being paid jointly I could afford more than I could afford if I''m living purely on my own income.

If I do decide to move out should I go for what we can afford jointly or should I go for what I could afford on my own - does it make a difference long term?

Thanks for any help.

  • livinginhope
  • livinginhope's Avatar
  • Platinum Member
  • Platinum Member
More
20 Apr 12 #325267 by livinginhope
Reply from livinginhope
I''m not a financial or legal expert but I really would advise that you stay put and file for Divorce quickly and then get Consent Order for the Financial side before doing anything else.If you are able to reach a financial settlement amicably it could all be sorted out in a few months and then you would know exactly where you stand.
If you do rent I think it would be advisable to only rent what you can afford to pay so that you can stay there after the divorce if necessary.That way you won''t have finacial stress on top of everything else unless you are expecting and have agreed upon SM?
But I would still say stay put and tough it out for a couple of months.Look at the Wikivorce Divorce/Financial package.If you can sort things out between yourselves this is an easy,affordable way to do things.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11