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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35219
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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After one year of marriage and mutual agreement I am going

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Hi, after one year of marriage and mutual agreement I am going to ask for divorce. We don't have a joint bank account, kids, neither mortgage. My husband is gambler, while I am trying to save money, so we are not compatible. I have 5000 pounds on my bank account, so before I officially ask for divorce I'd like to know if he can ask for half of these money. I have these money for a car, as my car is very old and probably will die soon, but I wanted to wait and buy when it will really break, didn't want to rush. I am not sure in what stage of divorce people usually sort their finances and I don't want to be forced to spend money I saved for years, just to avoid that he will get half of it, he never saved anything, his salary is more than double than mine, while he has only debts and uses money unwisely. I never had access to any of his accounts and his credit cards are maxed out for years, in fact they were maxed out before we met. He is saying he wants nothing from me so I hope I am only exaggerating and I am paranoid, but as we are on good terms, I wouldn't want to ask him for consent order, I just can't imagine which judge would make me pay him money when actually he is lawyer gambler with 60000 salary, while I have simple 25000 job. I hope I am right. We still live together, friendly to each other so I don't want to offend him somehow. Thank you.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

How long have you lived together in total?

Customer: replied 8 months ago.
Hi, we lived together from July 2014, after three months of dating, I am confused as why that matters. He paid rent , I paid food and council tax , which was often more expensive than rent. We got married one year ago, I only found out about his credit cards and unpaid taxes around time of our wedding. He often lent money from me, but he also tried to give them back, right now I still live with him, because he owes me 1000 pounds, but we have agreement that instead of giving me back thousand, I can stay for free 3 more months and after that I'd begin to pay for a room, as I am in a guest room. We get on very well, we love each other, he said he doesn't need divorce as it's only piece of paper, so it must be me who will apply for it, because one day I'll move out. I was planning to stay until I'd date someone else and spend time saving more money,, he knows my dream is to buy a flat. I don't have a reason to think anything bad about him, but I just wanted to make sure. Thank you.
Customer: replied 8 months ago.
One more thing, it's obvious that money were saved from my own salary and I also paid pretty much all dinners, cinema's and all our social life during marriage, also council tax, Netflix paid by me, groceries, all paid by my card, I believe it's very clear I paid much. I also paid for our honeymoon and wedding, sadly.
Customer: replied 8 months ago.
I believe we sorted it out, husband said we will have consent order during divorce which will clearly say we don't owe each other anything, he is also going to ask divorce lawyer if we can write something right now. I am not ready to do divorce petition, but I was told by bank employee his credit cards are only his responsibility and I won't need to pay them from my savings, husband also explained to me, that letter I found with penalty was only for late filling of tax return, which was all sorted out so taxes are good as well. If you could please let me know if consent order clean break is enough for this situation. Thank you.

The length of the marriage is relevant as it impacts on the decision that the court will make about the finances

Yours is a short relationship where finances have been kept separate so it is highly unlikely that you would ever be ordered to pay him money

Please be aware that you do not have to pay him "rent:" as you have an absolute right to live in the matrimonial home - and no you are not responsible for his debts

Please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you very much, I am very happy with the answer, so I don't need more advice. Its very useful to know that I don't need to pay him rent, but I am happy to do that, as he is renting the flat, so I see it as fair that I contribute. Have a lovely evening.
You are a fair and thoughtful person and I hope all goes well for you
Customer: replied 8 months ago.
Thank you very much, I appreciate your kind words.