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does moving out before seperation cause issues -?

  • Oidsstuff
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12 Apr 12 #323360 by Oidsstuff
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I have told my wife I want to divorce 2 months ago. Currently things are amicable and I am trying hard not to cause wife problems. We have had other stuff to sort out and so not progressed things.

We are at the point where my wife and I both agree it is best if I move out and rent somewhere so that things can start to move on.

Is there any problem from my point of view if I move out of the house and then we start divorce proceedings?

We share a mortgage on the house:-

house value £155k
motgage £127,500
equity £27,500

My income is a lot higher £43k and wife is £12k

we have two kids 11 and 13

married for 13 years

we have o/s debts of about 20k. I am happy to take this on myself if things can be sorted amicably.

As i say we have agreed that its best that i rent something and wife stays in house with kids (although she works nights so I would have kids 3 nights a week and one weekend etc). She will not be able to get mortgage in her name so I assume I will have to stay on that mortgage until kids are 18 (this is my only worry - what if wife stops paying etc??)

we have agreed maintenance money and kids arrangements so no issues there.

What is the best next step. Am I ok to go out and rent something, so wife can start claiming working tax credits and the we progress divorce?

Really appreciate any help on this a to where to start?


  • happyagain
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12 Apr 12 #323377 by happyagain
Reply from happyagain
This all seems very fair and well done for keeping it so amicable. There is nothing stopping you moving out so your wife can claim tax credits.
You would be advised to get your agreement formalised in a court agreement. This will include the fact that, although you are technically the guarantor of the mortgage, your wife would have to pay you back if she failed to make the payments.
You also might want to think about what you would do if your wife met someone new. This can be included in the details for a Consent Order - you might not want to be on the mortgage if a new man is living in the house.

  • Oidsstuff
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12 Apr 12 #323379 by Oidsstuff
Reply from Oidsstuff
Thanks for the reply.

Is the agreement you are talking about the consent order or a different agreement? I thought any other agreements dont stand up in court if it came to it?

You seem to be saying that I am ok to move out but just make sure the order covers things as you have mentioned? I am worried about being on mortgage and say wife meets someone else etc.

Despite lods of research I am still confused on how this works in practice? It seems like most people must seperate and move out first before divorcing?

  • sexysadie
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12 Apr 12 #323382 by sexysadie
Reply from sexysadie
You may as well move out and start proceedings at more or less the same time. If you are agreed then you can get a solicitor to write your agreement up into a consent order to be stamped by the court and then it will be watertight.

The whole thing about agreements not standing up in court only matters if you start fighting.

Best wishes,

  • Oidsstuff
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12 Apr 12 #323384 by Oidsstuff
Reply from Oidsstuff
At the moment I am considering using the wikivorce divorce function but am not sure how this works. Do i buy that and that is my solicitor and wife does hers with a seperate solicitor or can we just agree it all and get wiki solicitor to draw up docs?

Bit I''m not sure on is my pension as I dont know how we agree on that as I dont know how it works. we could agree and write up everything else but how do we handle the pension issue?

  • stukadivebomber
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12 Apr 12 #323385 by stukadivebomber
Reply from stukadivebomber
You''ll need a solicitor each, in theory.

If you''re able to behave "amicably", you might get away with one of you using wiki, & the other just buying an hour, or two, with a ''proper'' solicitor.


  • mez
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12 Apr 12 #323386 by mez
Reply from mez
Hi. A consent order is only done after the Decree Nisi is issued and turns all your arrangements & agreements into a legally binding document that comes into force on your Decree Absolute.

You need to be aware that because you say you earn much more than her she might be entitled to claim financial maintenance from you for herself (Spousal or pending suit, not sure which). Have a look on the forums at Financial & see advice on there.
Just mentioning it because it could get expensive if you are also renting for yourself.
I am sure someone on here more in the know will point you in the right direction.

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