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Separation financial advice
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Logan112
Posts: 44 Forumite
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).
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).
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Trust your solicitor, and your recollection of the advice.I am not a cat (But my friend is)0
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I just wondered if anyone had experience of this and could confirm the position0
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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.2.22kWp Solar PV system installed Oct 2010, Fronius IG20 Inverter, south facing (-5 deg), 30 degree pitch, no shadingEverything will be alright in the end so, if it’s not yet alright, it means it’s not yet the endMFW #4 OPs: 2018 £866.89, 2019 £1322.33, 2020 £1337.07
2021 £1250.00, 2022 £1500.00, 2023 £1500, 2024 £13502025 target = £1200, YTD £690
Quidquid Latine dictum sit altum videtur0 -
So if we are separated but not divorced and he built up debt or went bankrupt I could be jointly liable?0
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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 etcMama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.0 -
So if we are separated but not divorced and he built up debt or went bankrupt I could be jointly liable?Aug 24 - Mortgage Balance £242,040.19
Credit Card - £8,141.63 + £4,209.83
Goals: Mortgage Free by 2035, Give up full time work once Mortgage Free, Ensure I have a pension income of £20k per year from 20350 -
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.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0
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