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

01202 805020

Lines open: Monday to Friday 9am-5pm
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 going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Her sol says - I must not use our joint account

  • esox11
  • esox11's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
28 Mar 12 #320457 by esox11
Topic started by esox11
We still have a joint account and are running it whle separated amicably.. so far.offset mortgage account and we both pay enough into it to pay the mortgage and a couple of other bills we agreed to share.

It also contains an offset of about £30000.

18 months ago my S2BX decided she wanted a new car... for 2 months i said we cant afford it as out daughter has uni coming up, wants a car, insurance, lessons etc. She moaned n groaned and then came home one night and had signed on the dotted line! She spent £19500 of our savings without my agrement on something we didnt need! Sorry venting a bit!
I had to sell my car for insurance cost purposes and was left with our little run around. This is not suitable for my needs. She refuses me any access to her new 4x4 wagon...

Both cars are registered to her.

Now... i want to get a new car as i cant get my sports equipment if the runaround. I said in line with what she did i would purchase it from the joint account offset.

Now her sol has written to me saying i should not draw down on the account without obtaining permission through her from my S2BX? S2BX has refused permission by email today! Can she and her sol do this... what could happen if i do withdraw £10000 for a new car?

I have savings elsewhwere and i suppose she will get half of that too so it does not really matter where it comes from? Could use them?

Wound me up a bit thinking her sol can say dont touch your own money or else!

  • somuch2know2
  • somuch2know2's Avatar
  • Platinum Member
  • Platinum Member
More
28 Mar 12 #320458 by somuch2know2
Reply from somuch2know2
I dont think they can tell you not to. If you need a new car, and as long as it doesnt leave her desolate do it.

It will all come out in the wash anyway. I guess just make it as equal as possible.

Some advice. Take the money out you need, or split it and close the joint account.
Cancel all joint credit cards.
The sooner you start seperating your finances the better, just make sure she has enough time and warning to change over any DD to her new account.

  • esox11
  • esox11's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
28 Mar 12 #320462 by esox11
Reply from esox11
We have managed the joint acc so far as all personal DD''s and Stand orders are now with our respective personal accounts.

Only joint bills relating to the mortgage are now live on the account. The mortgage is still running. We both pay enough in monthly to share the costs.

If we close the account we will need a new mortgage.

Just seems simple to run the account with some trust attached. Its been ok for 6 months and its not as if i went and spent the money. I have just suggested it. She knows I need a new car.

  • somuch2know2
  • somuch2know2's Avatar
  • Platinum Member
  • Platinum Member
More
28 Mar 12 #320463 by somuch2know2
Reply from somuch2know2
I dont understand how the account is tied to the morgage? If its a standing order or a DD cant you just change the account it comes from?

Solicitors like to throw threats around. If she just bought a new car from the same account than I see no reason why you shouldnt either. If you are in the wrong it will come out in the FDR or FH.

I have been way too generous over the past 8 months and have only thought of my kids. It has put me in serious debt and while I am working 15 hr days and stressing, my wife works 12 a week and lifestyle has not been affected. I understand your annoyance.

  • esox11
  • esox11's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
28 Mar 12 #320469 by esox11
Reply from esox11
Its an offset mortgage account... which means the account is the mortgage.

She purchased her car pre separation... it was one of the reasons we argued. She spent the money i had saved for my daughters uni years. But she soooooo wanted a car to match her new image! Mid life crisis i think!

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
28 Mar 12 #320505 by MrsMathsisfun
Reply from MrsMathsisfun
I would think £20k car would be considered an martial asset and need to be include in any financial settlement. If you buy a new car again that would be asset.

As to her solicitor telling you not to spend money only a court can tell you not to touch your own money.

  • esox11
  • esox11's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
29 Mar 12 #320584 by esox11
Reply from esox11
Given i have a couple of ISA''s and some shares which in the settlement she will get something in the regionn of 50% of maybe I am being petty and should fund it via those.

Will all come out in the wash.

I just dont like her sol getting all high and mighty!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11