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Great 'Tips for financially surviving divorce and separation' Hunt

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Former_MSE_Rose
Former_MSE_Rose Posts: 128 Forumite
Great 'Tips for financially surviving divorce and separation' Hunt

Sadly the costs of breaking up aren't just emotional. If you've been through it, or know others who have, we want to tap MoneySavers' experience on separating finances, dealing with the costs, sorting out starting life on your own and more.

If you haven’t already, join the forum to reply. If you aren’t sure how it all works, watch our New to Forum? Intro Guide, or see all past Great Hunts.

Thanks,

MSE Rose

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  • RAS
    RAS Posts: 32,948 Forumite
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    It is essential that you understand the meaning of "joint and several liability". This means that you are both liable for the whole debt accrued whilst the joint account operates, not half of it. This applies to rent, mortgages, bank accounts, cards and loans and Council Tax whilst you live in the joint property.

    And you cannot divvy up joint debts between you to pay off in the future and pray that you ex fulfils their promise; if they do not make all the payments on time, your credit record is wrecked and the creditors will chase you through the courts.

    Whilst the joint bank or card account is open, your ex can withdraw whatever they like and leave you liable for the debt.

    So make sure you have a personal bank account, get you wages paid in and any DDs/ SOs set up and then tell the old account provider that all future debits require both signatures. Do not be mean and prevent your ex accessing money they have paid in, but make sure they do not leave you in the doo-doo.
    The person who has not made a mistake, has made nothing
  • scotsbob
    scotsbob Posts: 4,632 Forumite
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    First and most important thing is take a cheap flight overseas and get a foreign bank account. Only pay in cash so there is no paper trail.

    Second, get a solicitor who is mustard hot on divorce law. Most High Street solicitors are Jack of all trades, bit of conveyancing, bit of tribunal work etc. etc. Get a specialist.

    Remember possession is 9/10 of the law. Move any prized possessions out to relatives or friends ASAP.

    The above assumes you were not stupid enough to have any joint accounts, if you did you are probably stuffed.
  • jax1305
    jax1305 Posts: 47 Forumite
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    well that's kind of fortuitous - going through it now! so here's my thoughts....
    wisest words said to me - in buddhism, three evils are greed, anger and foolishness! so try not to be any of these. your stbx will possibly not react how you expect - no matter how amicable you think it will be, possibly they will be 'fighting their corner'. just try not to over-react (far far easier said than done!!)
    sever joint finances as soon as possible. if you're staying under the same roof until it's all finalised, agree how you'll co-exist as house-mates (or house acquaintances as our son calls us).
    put in a single claim for child tax credits and working tax credits where applicable. you will need to show that you have no financial connection (joint accounts etc) and that the separation will be permanent. you can do this even if living under the same roof - but no shopping/cooking/cleaning etc for each other.
    we eventually agreed that all divorce/solicitor costs would be paid from joint savings then everything divided up.
    avoid going to court if at all possible - it'll cost 4 figures just to look at the judge and say good morning. collaborative law is the path i wanted to use - it didn't work that way as my stbx chose a solicitor a few hundred miles away. it's cost us approx £6k.
    additional wise words - if you reach the end of the process pleased as punch with yourself because you came away with everything you wanted ... it probably wasn't a fair outcome. Neither party should end up with everything they think they deserve.
    Buying a house and doing everything by yourself, for yourself with only yourself to blame when it all goes pear shaped - scary prospect, but spending more of your life in a relationship that really isn't working is scarier still.
    good luck to anyone who takes this incredibly brave step.
  • Candice-Marie
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    Be realistic:

    Think about what you NEED rather than what you think you're entitled to.

    Dont' expect to maintain the same standard of living/disposable income that you had as a couple.

    Remember that a judge will not take your spouse's behaviour into account when considering financial affairs. If you've been wronged in some way, that won't entitle you to any more £££s so don't spend money with lawyers toing and froing and trying to score points off each other.

    If you have children, remember that you might no longer be a couple, but you will always be parents. There are somethings that should be done as parents that do not involve new partners.

    We did our divorce very amicably DIY fashion (nobody was 'wronged' in our case) and we're still good friends and both our relationships with our children are strong. It can be done!
  • RAS
    RAS Posts: 32,948 Forumite
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    Candice

    You are right; possibly the biggest saving in a straight forward divorce is to do the paperwork yourselves - think it is £380 for the nisi and £60 for the absolute.

    However, I think it is essential that people get independent advice on the financial settlement, even if they do not use the lawyer to negoitiate the settlement.

    We have seen a number of complete nightmares on this and other forums; the lady who had paid her ex to take on the mortgage on the joint tenancy house that he would inherit if she died and ignored another property that he had bought during their marriage because he was the sole owner for example. She thought she had willed the jointly owned house to the kids!
    The person who has not made a mistake, has made nothing
  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
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    RAS wrote: »
    You are right; possibly the biggest saving in a straight forward divorce is to do the paperwork yourselves - think it is £380 for the nisi and £60 for the absolute.

    However, I think it is essential that people get independent advice on the financial settlement, even if they do not use the lawyer to negoitiate the settlement.

    My tips (no offence to RAS):

    Always look up the costs yourself - you may find that older forum threads (not just here but elsewhere) quote the wrong prices. For example, my absolute (2 weeks ago) actually cost £45.

    Remember that the divorce & financial proceedings are two separate court processes. There are fees charged for both. It is more common to be awarded costs (i.e. have your fees & any legal bill paid by the other side) in a divorce as that can be blame-based than in financial proceedings.

    Remember that the process is VERY different in Scotland than in England & Wales, so hints & tips should be posted and read in the context of the correct legal system. It is possible to DIY in England & Wales, but incredibly tricky to do so in Scotland.

    Take plenty of photocopies of documents before you submit them to the court. If you need a copy subsequently and have to apply to the court to get a photocopy, there is a fee of £5 upwards.

    As good a website as MSE is :money:, for advice on the process I would recommend the Wikivorce site & forum.

    And finally, don't sweat the small stuff. Paying a solicitor to fight for possession of a prior wedding present will always cost you more than the item was worth :D
    :heartpuls Mrs Marleyboy :heartpuls

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    :) Proud Parents to an Aut-some son :)
  • Thegirl
    Thegirl Posts: 143 Forumite
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    Spend a long time reading Wikivorce. It's a great resource and free.

    Speak to a solicitor, I paid for half an hour with a good one near me, took all information they could possibly need. Although they basically told me everything I already knew it has meant that when 'Aunt Joan' or whoever tells you you are entitled to everything plus his socks, you can reply with certainty, no am I am not. I have had more arguements with well meaning friends and relatives about what I am entitled to than I have with my soon to be ex partner. And I don't need an arguement when I go and visit people, very often I just need a hug, some tea and some laughter.

    If you have to live together until the house is sold then learn to bite your tongue. Try to respect your ex. Sitting there all evening in the same room laughing at texts from your new partner doesn't lead to a fun time at home either, take it upstairs and don't be as blatant, it's unnecessary. And seriously, don't bring someone else back.

    Do not expect to be treated by others how you would treat them. Either in a good or a bad way. This goes for your ex and their friends and family.

    As someone else has said, do not be greedy. Make sure your needs are covered. Hope you end up a bit better than that.

    If you have children remember that you will be tied to the person you are divorcing for the rest of your life. So when all you want to do is scream, shout and swear just remember, one day you could be sharing a top table together and it would be nice to be able to enjoy that rather than hate every second.

    Fault and behaviour doesn't matter in divorce. It just gets remebered by the parties involved.

    You married the person and loved them once. Don't let bitterness and regret cloud your actions. Aim for always looking back on your behaviour and being proud of how you kept your head, not full of regret.
    If I cut you out of my life I can guarantee you handed me the scissors
  • Winter_Phoenix
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    The ultimate money-saving tip in divorce: Do everything in your power to stay on good terms with your ex while the divorce is going through. Otherwise, two solicitors will end up very rich, and you will end up with much less than you should have had.
    e cineribus resurgam
    ("From the ashes I shall arise.")
  • susanbythesea
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    Agree wholeheartedly with the " staying on good terms / do not be greedy " comments , my own and my now husbands divorce could not have been more different, we were both the "at fault" parties, my divorce was conducted by adding up all assets after paying off all debts ( not just joint ones) and splitting the proceeds 50/50 with only legal advice re signing over the house to my ex. my husbands rattled on for a year longer ending up with both parties not speaking, the families at war, my husband bankrupt and very rich solicitors.

    TRY, TRY TRY to keep things civil and organised, separate finances from children and deal with them separately, ultimately the fall-out can go on for decades if it goes badly.
  • Thegirl
    Thegirl Posts: 143 Forumite
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    I believe I read a comment on here once saying (or words to this affect at least) at the start of a divorce take your soon to be ex to a nice car showroom. Pick a car and both consider in a years time if you would like to be driving that car or if you would like your solicitor to be driving that car.
    That is how much a messy divorce can cost.
    If I cut you out of my life I can guarantee you handed me the scissors
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