Informal separation and finances

lukekelly19

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DE_612183

Making a financial claim will make it formal.

If you've done it informally, then it's an agreement between the two of you - however the chances are that circumstances will change during your lifetime so the best solution would be a formal separation and divorce - do it now rather than later would be my advice.

DullGreyGuy

lukekelly19 said:

If a couple are informally separated, does this create any financial obligations?

e.g. if Person A and Person B are informally separated (i.e. living in different houses, but not having gone through a legal separation or divorce), and Person A has a bit more money than Person B, can Person B make a legal claim for money from Person A?

Or can financial claims only be made through a divorce and financial settlement procedure?

Presumably said couple are married or in a civil partnership rather than being unmarried or "common law"?

Divorce with a financial settlement order is the legal mechanism to make a formal claim, obviously the parties can agree whatever they want and implement it whilst they are separated but not divorced. 

Be aware that as standard when they get round to the process of divorce the starting position will be dividing everything 50/50 as standard include any assets gained post the separation. I believe there are some that have successfully defended such claims but normally it's not. It is possible to get a court ordered separation that won't deal with the division of assets, can't do a pension sharing order etc but does stop future accrued assets being considered joint on divorce.

AskAsk

A financial claim, unless it is for child maintenance, can only be made through the formal divorce or legal separation process via the courts, so if it is only an informal separation, that can't be done.

But at any point, it can be done through the divorce or legal separation by either or both party.

Jemma01

The earlier the divorce is finalised, the fewer complications there will be. One party might get an inheritance or win the jackpot !! Wait for the claims to flood and drag in court.

Sea_Shell

How long have they been separated?