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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1439
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Wonder if you can advise me, I have been separated from my

Customer Question

Hi, wonder if you can advise me, I have been separated from my wife since September 2017, we are in the process of divorcing, since she appointed a solicitor, my wife was advised to clean my bank account and has also advised her not to pay any of the utility bills that are in joint names as i am the higher earner, we both currently live in the same house until a settlement has been agreed, is her solicitor correct in offering this advice in refusal to contribute to these bills, what can I do please.Steve
Submitted: 11 days ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 days ago.

Hello Steve

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry to hear that your wife appears to have appointed a hostile solicitor. Such actions really do not bode well for trying to be able to agree matters amicably.

What you need to know is that any monies in a joint account - your wife can legally access. If the account is in your sole name then you do not have to provide permission to give her such funds.

In relation to the bills - someone is going to have to pay them otherwise this will affect both of your credit scores. If your wife is struggling then she could ask you to contribute more in the interim.

The better way of dealing with things in the interim is to consider a separation agreement and to have to disclosure in relation to your finances so you can work out what is fair for you both to pay whilst matters are being resolved.

You need to consider family mediation. It is actually a prerequisite for matters to be referred to family mediation before an application can be made to court in relation to the matrimonial finances.

The good thing about mediation is that it is independant and lawyers are not involved. Google family mediation in your area and give them a call to self refer.

Mediation will try and help you through full disclosure of both of your finances and discussions about division as well as the interim position.

If agreement can be reached in relation to the final position at mediation then this can be drawn up into a consent order and submitted to the court for approval when applying for decree absolute in the divorce proceedings to make it legally binding once approved by a Judge.

You need to be aware that if you also stop paying the bills in the interim then once divorce proceedings have been issued your wife could ask the court for interim maintenance whilst matters are resolved. The court doesnt allow much time for such hearings and usually makes a generous provision in the mean time so its worth trying to agree what you can together.

let me know if I can assist you further

kind regards

Caroline

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