international divorce question

xina

I separated from my husband about 2 years ago (not a legal separation) and moved back to the U.K. from the USA. My husband lives in the USA and has informed me he is filing for a divorce. My question is would he be entitled to money I have saved in my U.K. bank account since I separated from him .? Could he get access to it or should i withdraw everything? I would be grateful for any advice...thanx

NotSuchASmugMarriedNow

The normal starting point for division of assets in a UK divorce is 50/50.

Are there any children of the marriage?

fluffnutter

Where did you marry? Is your husband an American or UK citizen?

Sommer43

Is the money in the UK in your name only? If so, then he has no access to it. Just like any money in any account if you're the account holder and his name is not on the account.

Yorkie1

Sommer43 wrote: »

Is the money in the UK in your name only? If so, then he has no access to it. Just like any money in any account if you're the account holder and his name is not on the account.

He may not have access to it, in the sense that he has no way to withdraw it physically.

But - depending on the location where the divorce is occurring - the OP may have a duty to disclose all assets.

Until the OP answers the previous questions about jurisdiction of the marriage and the divorce, we cannot even attempt an answer.

kingfisherblue

Sommer43 wrote: »

Is the money in the UK in your name only? If so, then he has no access to it. Just like any money in any account if you're the account holder and his name is not on the account.

In the UK, when a couple divorce all assets are taken into account. There is a Financial Disclosure form to be completed, to include bank statements for at least twelve months, plus details of all other assets such as stocks and shares. The form also asks for details of any debts that are outstanding.

My ex and I had separate bank accounts, but this information was still required and my solicitor advised me that if I had a large amount of savings, it could (not would) be divided by the courts. As it happens, I had no savings and no other assets (apart from the house, which is another story!), nor any debts.My ex had run up a large amount of debts, but I didn't have to take any of them on because I knew they weren't from when we were married, so my solicitor asked for details of when loans were taken out and what for, and for credit card details (which showed I wasn't on the account). My ex then had to sign a form statingt hat I wasn't responsible for his debts.

OP, I have no idea what the answer to your question is, but I had to provide a year's worth of bank statements. If this is the case for you, any large withdrawal may be queried. You might want to see a solicitor to clarify the situation. If you have children, make sure you see one who specialises in family law.

xina

NotSuchASmugMarriedNow wrote: »

The normal starting point for division of assets in a UK divorce is 50/50.

Are there any children of the marriage?

No there are no children..

xina

fluffnutter wrote: »

Where did you marry? Is your husband an American or UK citizen?

We married in the USA. My husband is an American citizen, and the divorce will be filed in the USA

xina

Yorkie1 wrote: »

He may not have access to it, in the sense that he has no way to withdraw it physically.

But - depending on the location where the divorce is occurring - the OP may have a duty to disclose all assets.

Until the OP answers the previous questions about jurisdiction of the marriage and the divorce, we cannot even attempt an answer.

The account is in my name only in the U.K. The divorce is occurring in the USA

fluffnutter

xina wrote: »

We married in the USA. My husband is an American citizen, and the divorce will be filed in the USA

Thanks for the info. I can't help further I'm afraid. I guess you will be subject to the laws in the States, and the law of whichever state the divorce is filed in for that matter. Might be better to get some advice on a US based forum.

DS4215

fluffnutter wrote: »

Thanks for the info. I can't help further I'm afraid. I guess you will be subject to the laws in the States, and the law of whichever state the divorce is filed in for that matter. Might be better to get some advice on a US based forum.

It will be subject to the laws of the particular state that he is divorcing you in. However, if he has any claim on your money then you can also make a claim on his money....