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separation before divorce

  • dukeboi
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05 Jan 16 #471713 by dukeboi
Topic started by dukeboi
hi,
can anyone help please,my husband is threatening to cancel the divorce if i dont accept a one off 7000 pounds Clean Break offer,he earns 60k net a year
am i entitled to any financial support from him if we are just separated?
i am borrowing money to support myself have no income and was married 20 years
please any info would help

  • NellNoRegrets
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05 Jan 16 #471716 by NellNoRegrets
Reply from NellNoRegrets
Hi

If you are in financial difficulty you can apply for "maintenance pending suit" which is a way of getting maintenance until a financial settlement is agreed.

Your husband cannot cancel a divorce. He can withdraw the Petition if he has applied for a divorce but if you are divorcing him it will happen - he can just delay it.

  • dukeboi
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05 Jan 16 #471723 by dukeboi
Reply from dukeboi
thankyou so much for your reply

  • el_johnstone
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12 Jan 16 #472158 by el_johnstone
Reply from el_johnstone
As the other poster said, he cannot cancel a divorce just stall it (unfortunately). That said, a net of £60k (thats after tax, means he earns approx £90k!?) and only a settlement of £7,000 sounds a tad unfair. But then again, the bigger financial picture hasn''t been brought to light...

I''m currently separated and we''re looking to get the proverbial ball rolling quite soon. Even I would say that grossing £60,000 would make a £7,000 agreement unfair

D

  • itsbeenalongtime
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12 Jan 16 #472169 by itsbeenalongtime
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Well its £1000 more than mine offered me first off. He too earned around the £60k.
Nothing sorted yet but he has made many improved offers. All stating I have 24 hours to accept or I will pay the consequences of it going to court.
IM at a stage that I really dont care if it does. He is a bully which is very obvious from his emails.
Stay strong, be truthful in everything you do and you will be ok.

  • el_johnstone
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12 Jan 16 #472170 by el_johnstone
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I dont get what people achieve by making these sorts of "unreasonable" offers. For starters, they need to be ratified by a judge and they certainly won''t be bullying one of them.

I''ve had to pay for a report as I was the main salary earner. My ex wasn''t on my mortgage or on the title deeds to the property but while we''re far from being millionaires, a paltry £7,000 really is taking the p155. I know for a fact that despite all that, she is entitled to more. I do have a figure in mind as I really do want a clean break and its a damn sight more than that.

In the end, make a reasonable and fair offer for all concerned. I know I don''t want a lengthy back and forth. Ideally get it right first time and we''re done.

So, £6,000... deal or no deal (I know what I''d say)

  • hadenoughnow
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12 Jan 16 #472173 by hadenoughnow
Reply from hadenoughnow
The divorce and financial settlement are separate.

Once you get to Decree Nisi, even if he is the Petitioner, you can still apply for the Absolute. You just have to wait a bit longer.

Don''t be bullied over finances. Stay put in the house, register home rights if it is not in joint names, apply for mps if you have no money ...

After 20 years the start point is 50:50 of everything - including pensions. That can change depending on needs so if there are dependent children living with you, you have a low income, no pension etc, that will make a difference.

There cannot be a legally binding court order without at least the basics of the finances being seen by a judge. They won''t agree anything that is wildly unfair.

For us to advise more effectively on what a fair settlement may be, you will need to tell us a bit more about incomes, assets and debts plus if there are children.

Hadenoughnow

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