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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been separated from my husband for many years and we

Customer Question

Hi,I have been separated from my husband for many years and we are both in our 60's now.
I am concerned whether his financial affairs, debts etc will have an impact and cause any liability to me? In the past he has accrued many debts and insolvencies, hence am very concerned on the impact on me. Currently also he has some credit card debt and some old debts he is slowly paying off.We do not have any joint bank accounts or property or credit cards or any financial linkage.If anyone of us buys any property without being divorced what are the legal repercussions of that?
Please detail the legal standing on all such financial matters that could affect me while not being divorced and merely separated for over 7 yrs.Thanks
Simi
Submitted: 3 months ago.
Category: Family Law
Expert:  Harris replied 3 months ago.

Hi, thank you for your question. Firstly as you have been separated for 7 years you can apply under the fact of 5 year separation and you do not need his consent.

I presume you have been married a very long time and this will entitle you both to seek financial relief from each other which will take into account all assets and liabilities. One risk you have is that he may seek for you to share the debts he has accrued especially if he can prove they were for matrimonial purposes.

If you purchase a property now, that may also be a risk as he can claim from that property and there is no time limit on such a claim and it can be brought even after divorce if he has not remarried and if there is no court approved financial settlement between you. The same is available to you as well.

For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 3 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating. You will not be charged for providing a rating.

Customer: replied 3 months ago.
Thanks for the info.
I have some queries on the info you sent.
My original query is that if we did not seek divorce and remain separated, what are the financial liabilities and repercussions of that?
Also,in case of divorce, does one apply for a financial relief order along with the divorce or does one apply for it after the divorce has been granted?
How long does it take for this order to be granted by the court?
Thanks
Expert:  Harris replied 3 months ago.

No worries.

1. The consequences of remaining separated but not divorced would mean that the marriage is still in place and either of you can seek financial relief against each other and there is no time limit on that. A full and final financial settlement can only be made if you divorce.

2. The financial relief should be alongside the divorce and it is usual that the financial settlement is only implemented once the divorce is granted. However, even after divorce you can still seek financial relief from each other if you have not remarried and if there is no court approved financial settlement.

I hope this assists you further. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you
Harris and other Family Law Specialists are ready to help you
Customer: replied 2 months ago.
Thanks Mr Harris.
Yes I still have queries to my original question and would appreciate direct answers pertinent to them as am not so familiar with legal terms.
My separated husband and I are on friendly terms.
If we go for a divorce and the financial breakage, by ourselves without a solicitor,
Can we reach the terms ourselves and just write to the court about it or will the court want to see any of our financial records like bank statements etc etc.
We have no kids and no property or finances which are joint and it would be a clean break.
He does have a few debts which are personal to him. If we reach an agreement ourselves,do we have to tell the court about the debts etc? And if so what is it that the court asks for?
He is at present not doing so well financially and I also get PPI as am unwell, is the court interested in knowing all that ?
Thanks
Customer: replied 2 months ago.
Please could you advise on above queries of 25th > Thanks
Customer: replied 2 months ago.
Today is the 5th Sept & I still am waiting for answer to my follow up Q on 25th August ???