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Separation financial advice

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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).

Comments

  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
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    Trust your solicitor, and your recollection of the advice.
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  • Logan112
    Logan112 Posts: 44 Forumite
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    I just wondered if anyone had experience of this and could confirm the position
  • jackieblack
    jackieblack Posts: 10,497 Forumite
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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.
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  • Logan112
    Logan112 Posts: 44 Forumite
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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?
  • gizmo111
    gizmo111 Posts: 2,663 Forumite
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    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
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  • 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
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  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
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    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!)
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