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Financial advice pleased (3 Posts)
Started By:
29 January, 2017 11:42AM
Financial advice pleased
oldenoughtoknowbetter - 29 January, 2017 11:42AM
I have separated from my wife and living apart and at the start of petitioning for divorce so nothing legally in place yet.

My question is that I have recently opened an saving account and will she be entitled to any of it when the divorce goes through?

Many thanks D
Re: Inheritance & Financial Responsibilities
oldenoughtoknowbetter - 30 January, 2017 11:07AM
My wife is reluctant to agree to a divorce as she anticipates being able to claim on my future inheritance from my mother.
Does anyone know if this is the case if we are in the process of divorcing? Can my wife claim at any point prior to issue of decree absolute?

I have been to CAB this morning - they weren't really able to advise. They also suggested that my grounds are weak - unreasonable behaviour given that we were planning to relocate together in 2010, but my wife refused to move once I had already committed to a new job 300+ miles from home. I am currently contributing £1000 per month to marital home expenses and it is crippling me financially.All I really want to do now is to be free of the financial load but I am not sure how to extract myself - am I responsible for household bills if I am not living there? - realise I am for the mortgage which is in joint names- would it be worth speaking to the mortgage company? We do not have any dependent children.

I'm trying to be reasonable but cannot afford to continue paying this for very much longer. Would really appreciate some advice - feeling trapped and I want to get some control back

Appreciate any advice - thanks in anticipation
Re: Financial advice pleased
Andyk - 30 January, 2017 11:30AM
Generally she would be entitled to anything up to the point that you or a court decides to implement the financial split to the marriage, however it all depends on many other factors as to what you are fighting over. if you have a £500k joint savings account and your new account has a couple of hundred in there then no, if its the other way around then you might find the situation is different.

You aren't compelled to be married to her if you dont want to be, almost everyone is entitled to a divorce if they want one. Speak to a solicitor and they will be able to word an unreasonable behaviour petition that would satisfy the court that you are entitled to a divorce, if it is worded properly then there wont be any issues. She could contest it but that is a waste of her time and money.

As regards inheritance, well your mother could easily change her will so no one can rely on an inheritance. That saying though, if you were to inherit before you sort out your finances then it might be considered (she might not get any of it but you might get less of the joint assets) so the only way that you can make sure she doesn't is to get the divorce rolling and get the absolute before anything happens to your mother, then if she does leave you anything your ex wife would not really be able to say she was entitled to any of it.

You shouldn't be paying her bills for her, that should be up to her, and she should be paying all of the mortgage as she has the benefit of living in the house which you don't, however that depends on if she has enough income to support such payments, she could ask for maintenance from you in the meantime to allow her to continue to live and support herself so it could be swings and roundabouts as to if you pay voluntarily or if you might be forced to pay.
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