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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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me and my husband are separated since 3 years and we have one

Customer Question

me and my husband are separated since 3 years and we have one son who lives with me. We are still married. Is it financially better to get a divorce?
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

I need some extra information to be able to answer:

What income per year do you each have from all sources?
What property do you each have, what is the value of each property, and how much is the total mortgage on each property?
What other assets and debts are there?
Customer: replied 2 years ago.

What income per year do you each have from all sources?

We are both university professors with an income of 50 727 (gross income after pension deduction)

What property do you each have, what is the value of each property, and how much is the total mortgage on each property?

None

What other assets and debts are there?

None

Expert:  UKfamsol replied 2 years ago.
Hello again and thanks for the information.

If your income and assets are exactly equal, there may not be any particular financial advantage or disadvantage in getting divorced. Child support is not affected by whether you are married and separated, or divorced.

However, people get divorced for reasons other than financial a) it draws a line under the relationship and can make it easier for one or both parties to move on and/or b) one or other of the couple may have met someone new and want to cement that new relationship by marriage which means that a divorce is necessary.

Either one of you may decide to issue divorce proceedings in the future, and by that date, one or other of you may have acquired assets eg having bought property or had a lottery win. You need to be aware that once a divorce petition has been filed at court, either party can make a financial claim in the family court against the other, if no agreement is reached as to how the matrimonial assets should be divided. In a matrimonial finance case, all assets have to be declared, even if there is an argument that they are not matrimonial assets because they were acquired well after the date of separation. If agreement is reached, that agreement could be made legally-binding by you both signing a draft consent order for the court's approval - but even reaching agreement can be costly (negotiations via solicitors, and/or mediation etc) and time-consuming, and if you don't agree, going to court is exhorbitant.

On the other hand, if you were to divorce now,you could each sign a consent order which would simply record your agreement that neither of you would make any claim against the other in relation to the marriage either now or in the future or against the estate of the other after their death. Then even if either one of you acquired assets in the future, after the consent order had been approved by the court, the other would not be able to make any claim against those assets.

I hope this helps and I wish you the best of luck.

Thanks and best wishes...
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
UKfamsol and other Family Law Specialists are ready to help you
Expert:  UKfamsol replied 2 years ago.
Thanks so much for your positive ratiing and prompt payment - much appreciated!
Customer: replied 2 years ago.

Thank you! One little addition? will things change if my salary raises substantially?

Expert:  UKfamsol replied 2 years ago.
Well...whilever a couple are married, the spouse with more money has a duty to maintain the spouse with less money (it used to be the husband to the wife, but it's all gender neutral now) ie to be calcuated as per one person's financial needs versus the other person's ability to pay (& their own needs) - and if he / she didn't, then the aggrieved spouse can make an application to court.

After divorcing, one party can make a a claim for spousal maintenance ie periodical payments - again, depending on one person's financial needs versus the other person's ability to pay. But these days, periodical payments are usually for a fixed term eg 3 years or 5 years eg until the youngest child starts secondary school, or eg until the receiving spouse has gained a specified qualification. So if you are the person with the higher income, then you are the one against whom a claim for periodical payments would be made if at all - so then you would need to argue that your financial needs are much greater than your ex's.

That's why to protect yourself, the best advice is to get a consent order now (once a divorce petition has been filed at court) dismissing ALL future claims.

I hope this helps!

best wishes...

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