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Separations and divorce- how to handle your finances

08/07/2015

Going through a separation or a divorce can be a difficult time for everyone involved, and having joint finances, which many couples do, can often make things even more complicated, and many people even end up staying in unhealthy relationships because they are still tied to their partner by their finances. Once a separation is decided, you will both need to take measures to protect your finances, even if you and your partner are not married or in a civil partnership.

To try and make things a little bit easier for our readers during what can be a very tough time, we have written a finance guide for people going through a separation or a divorce.

Communication is key


If you have a joint bank account, savings account, loan, tenancy agreement or any kind of shared finances together, the most important thing for you to do is sit down together and come up with some kind of plan. If you have just broken up and this seems to hard, give yourself a cooling off period of two weeks to a month (any longer may result in missed payments, which could effect your credit file) and then try to arrange a time to go through the financial side of your separation.

If you feel either of you may be unable to do this alone, be it through protecting yourself or even just feeling like you may not be able to handle it, you can seek the help of a mediator. If you feel like you can not even go through a mediator or there are legal complications (restraining order, etc.) you may need to go directly through solicitor.

If you are able to have a discussion, what you discuss now will affect both your lives in the long run, so both individuals should be as diplomatic and as honest as possible to reach an outcome that works best for both.

Try to separate any assets and agree any sort out repayment plans for debts, while making sure you budget efficiently for your independent financial needs.



Debt


With any kind of joint loan or overdraft, you will be both responsible for paying it back, no matter who spent the money in the first place. Once you have split up, even if you have proof that you have paid half of the instalment while your ex-partner has been spending their money elsewhere, you will both be liable for the missing repayments and both be shown to have ‘defaulted’ on your payments. The loan provider will not care if you are still together or not and they will go after both of you to get their money. Try to sort out joint repayment plans together, get them written down, and stick to them.

If you have a credit card and your ex-partner has a secondary card they use for themselves, if you are the primary card holder, you will be liable to pay for any money spent on the card. You can ask for the card company to block the card, but if your partner uses it for their day to day spending you might want to discuss this with them first.



Sorting out joint bank accounts


As soon as you are sure you and your partner are separating, try to contact your bank to let them know. Many banks have systems in place and can offer services like changing the way the account has been set up so both holders have to give permission on any actions taking place on the account. You can also suspend telephone and internet banking until you both come to some kind of agreement.

When you have made the specific changes to your joint account, you should set up a separate individual account and ensure your wages or benefits get paid into that. Discuss with you ex-partner if it would be worth keeping the account open for paying certain joint debts you may have, at least until everything has been officially sorted out. After, you can request the current account to be close if you know neither of you will be using it in the future. You will have to both agree to this and will have to ensure any overdrafts are paid off.



Joint savings


If you have a joint savings account you should try and work out between you how to split the money. If this is not possible, legally, the money belongs to the person who put the money into the account. If you are going through a divorce, so have been/ are married or in a civil partnership with your ex-partner, you will be able to legally challenge this.



Bills


Taking over a bill account, such as gas or electricity, that is in both names is straightforward. You should be able to contact your provider online or over the phone to change this, but both or you will be liable for any money you owe up to that point.



The end game


The end game for you both is to split your finances in a fair and reasonable way, and to make sure you will be able to survive on you own financially. If you feel like your ex-partner is not playing ball and can’t see a way you can resolve that yourself, it might be worth contacting a solicitor to help.

Our next blog will be looking at what happens to your joint mortgage or tenancy agreement when you go through a divorce or separation.
If you would like any further help on this subject, please contact our financial advisers. You can get in touch by asking a question online, calling us on 0800 092 1245, or by arranging a visit.

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