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Securing finances preceding divorce. Can anyone help?

(6 Posts)
DiscoDancer1975 Tue 20-Oct-20 09:52:09

My son has been separated from his wife since January. He pays the mortgage, money for his two boys, and for a car his wife drives, but is in his name.

His wife is a spendaholic, and has been filling their home with unnecessary items, constantly buying and selling on eBay, that sort of thing.

My son is worried she will borrow large amounts of money that he would be liable for? He can prove they’ve been apart since January. We knew he couldn’t divorce for two years, and only then if she agrees. We didn’t know the same applied to a legal separation, or does it? Have we misunderstood?

We have encouraged him to sell the car, saving some money per month. At the moment, he’s living with and paying rent to a friend, but ideally, would like his own place to take his boys to when he has them.

So my question is, can he be held responsible for any debt she incurs whilst still married, and if yes, what can he do to stop it?

Thank you in anticipation.

trisher Tue 20-Oct-20 10:01:02

He needs to consult a solicitor straight away. They will have to go through mediation, part of the process is that all their financial details will be revealed. In the meantime he would do well to seperate any accounts, set up a personal bank account and an account he pays a set amount into each month to cover his share of the costs of the house and living costs which she has access to. His solicitor will tell him if he needs to take any further action.

Redhead56 Tue 20-Oct-20 10:01:56

If your son has been separated since January he should have been advised by a solicitor. When I was divorcing my husband I took on the house completely. Which was good for our children's security but I had to take on my husbands debts. He was living a double life at the time which was an expensive way to live. Separation and divorce can be really difficult but you do need all the constructive advice you can get.

DiscoDancer1975 Tue 20-Oct-20 10:03:49

Thank you ladies, I think he’s already separated the bank accounts. I’ll encourage him to speak to a solicitor.

Dee1012 Tue 20-Oct-20 10:45:30

One of the things I was advised to do was to write to the big credit reference agencies and add a "notice of disassociation" to my credit file.This is because in terms of credit referencing, a financial link would be created with another person if there was a joint bank or credit account / mortgage etc.

DiscoDancer1975 Tue 20-Oct-20 16:40:23

Thank you Dee. I will tell him