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Old 02 March 2005, 04:27 PM
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What Now?
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Unhappy Separation Advice

Been looking on the net for a few answers but couldnt really find the right stuff so thought i would post here to see if anyone can help.

My missus has left me saying she doesnt have the same feelings for me that she used to. There are no arguements or fallouts. We have only been married a few months but have been together for 15 years. There is nobody else involved apart from she has been texting a male friend about us and flirting by text with him. She has taken the two kids ( which i have full access to with no problems ) and has moved into a relatives house that has just died so she will be claiming benefits to pay rent to the relative that now owns the house.
My main question is i know we cant divorce until one year, does that mean we cant sell the house and come to an agreement on the money clearing the debts etc in the process?
On that point i suppose if that was to happen when the divorce was allowed to go ahead the court would want to share the assets that we own at the time of the divorce?
I want to fully provide for my kids but not lose out bigtime in other ways

Thanks
Old 02 March 2005, 04:28 PM
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Brendan Hughes
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SIAL
Old 02 March 2005, 04:34 PM
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Turbohot
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Go to solicitor and get legal advice on it if you wanna proceed anything with property sale etc.
Dont just do it without that.
Seems that you will go through a very emicable divorce anyway so even when you have to wait till the 1st anniversary of your marriage date,it wouldnt be so bad.
Old 02 March 2005, 04:43 PM
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Originally Posted by Turbohot
Go to solicitor and get legal advice on it if you wanna proceed anything with property sale etc.
Dont just do it without that.
Seems that you will go through a very emicable divorce anyway so even when you have to wait till the 1st anniversary of your marriage date,it wouldnt be so bad.
She has said that she will be reasonable and i believe her But i suppose the worry at the back of your mind is if someone gives her extra advice and pushes her to be difficult.
The main thing is we was going to remortgage to clear some debts just before she announced that she was going. (I didnt see this coming it was out of the blue) This still needs to be done to clear the debts. I dont want to be paying the upkeep for the house on my own and then lose an even bigger % when the divorce goes through.
Old 02 March 2005, 04:45 PM
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if it turns nasty you know who to call
Old 02 March 2005, 04:46 PM
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Originally Posted by Brendan Hughes
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harsh but true

LOL

Matt
Old 02 March 2005, 04:54 PM
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Originally Posted by Brendan Hughes
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lol
Old 02 March 2005, 04:56 PM
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Originally Posted by Brendan Hughes
SIAL
RIAL
Old 02 March 2005, 10:19 PM
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scoobyangel
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if it is a "no fault" divorce, then i think u have to wait 2 years to divorce (tho this may of changed)
you can sort all your money out beforehand, but make sure you get an agreement drawn up by a solicitor so that once done and the divorce goes ahead neither one of you has any claim on the others money, property or pension.

if you are going to remortgage, are you going to stay in the marital home after the divorce? this would mean (if house is in joint names) you would have to "buy" you wife out, which could be up to half the current market value of the property, and if you are already remortgaged up to the hilt you possibly wouldnt be able to do this.

if the debt you are in is "joint debt" it may be wise to look into selling the marital home and splitting what is left, after the debts are paid, in half, then you at least are both debt free, with hopefully a little cash to get set up again somewhere else.

also... before you go down any of these roads, any divorce solicitor will ask if you could possibly reconcile, and will offer mediation... seeing as you havnt been married that long, and there children envolved maybe it would be worth a try? you never know, she may just of got a little attention form this other male friend, and thought more into it than there actually is... anyway, it is always worth a try to see if it is worth saving, or indeed if there is anything to save before it goes to divorce... divorce is never nice, no matter how "amicable"
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