Separation financial advice

Logan112

Sadly I need to separate from my husband. The situation is complicated and although I can’t continue as things currently are I have some hope that a separation may cause my husband to seek help for some of his difficulties which would then enable us to work on our marriage.
However I had 30 minutes with a solicitor a couple of days ago and was told that with a separation there is no financial clean break and as such if my husband built up debt or went bankrupt then I could be pursued for the money. Now one of the issues in our marriage is his unwillingness to talk about money or to budget, leading to big problems and debt.
Now I’m being told that I must have misunderstood the solicitor. Have I? If not then I either have to live with the significant risk of him building up debt whilst we’re separated or divorce him (which will mean that there’s no chance of reconciliation in the future).

Alter_ego

Trust your solicitor, and your recollection of the advice.

Logan112

I just wondered if anyone had experience of this and could confirm the position

jackieblack

To get a clean break consent order approved by the court you must first have your decree nisi. This then becomes legally binding once the decree absolute is issued.

Logan112

So if we are separated but not divorced and he built up debt or went bankrupt I could be jointly liable?

gizmo111

Logan112 wrote: »

So if we are separated but not divorced and he built up debt or went bankrupt I could be jointly liable?

No you are not liable for debts in his name, but bankruptcy would impact on any joint assets such as property etc

Accountant_Kerry

Logan112 wrote: »

So if we are separated but not divorced and he built up debt or went bankrupt I could be jointly liable?

If you did eventually divorce and debts he had built up would become part of the 'pot' along with all your assets and be split, Unless you live in Scotland where the assets are split as of the date of seperation, in the rest of the UK the final position for a split it taken on divorce so the no mans land beweet divorce and seperation is very risky

TBagpuss

Its correct that nothing is final unless there is an order, you could however have a Separation Agreement (if you were able to agree) which a court would take into account in deciding what was a fair outcome.