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Thread: Legal Advice

  1. #1

    Legal Advice

    I'm not looking for any binding legal advice on here, just from the experience of the masses.

    When separating/divorcing (amicably) if you sell your family home and both purchase somewhere new, how do you protect your new asset from the other person (e.g. in the event of them pissing their half of the proceeds up the wall) while the divorce process is underway? How do you stop a new purchase being a marital asset?

  2. #2

    Re: Legal Advice

    Quote Originally Posted by rs3100 View Post
    I'm not looking for any binding legal advice on here, just from the experience of the masses.

    When separating/divorcing (amicably) if you sell your family home and both purchase somewhere new, how do you protect your new asset from the other person (e.g. in the event of them pissing their half of the proceeds up the wall) while the divorce process is underway? How do you stop a new purchase being a marital asset?
    It's an interesting point you've raised. I don't really have a precise answer to your question, however, couldn't you just rent somewhere until the divorce comes through and then look to buy?

  3. #3

    Re: Legal Advice

    Quote Originally Posted by Rock_Flock_of_Five View Post
    It's an interesting point you've raised. I don't really have a precise answer to your question, however, couldn't you just rent somewhere until the divorce comes through and then look to buy?
    We have to wait two years for it to be finalised, and we haven't started the process yet, I don't want to rent that long.

  4. #4

    Re: Legal Advice

    Quote Originally Posted by rs3100 View Post
    We have to wait two years for it to be finalised, and we haven't started the process yet, I don't want to rent that long.
    I didn't realise it would take that long to go through. Anyway, good luck in the future!

  5. #5

    Re: Legal Advice

    You have to have a financial settlement signed off by the judge. Its comes when the decree nisi comes through.
    Covers all the assets, pensions, etc, etc.

    If its am amicable break up then shouldn't be any bother, if its likely to go South then really don't buy anything just yet as she'll be entitled to half of it whilst your still married.

    Been there, done it mate. My ex is decent enough we just got married to young and now want different things in life. But I've seen enough of it from other friends where the ex can turn into a greedy cash hungry biatch.

    So whatever happens, just protect yourself.

  6. #6

    Re: Legal Advice

    Quote Originally Posted by Monster munch View Post
    You have to have a financial settlement signed off by the judge. Its comes when the decree nisi comes through.
    Covers all the assets, pensions, etc, etc.

    If its am amicable break up then shouldn't be any bother, if its likely to go South then really don't buy anything just yet as she'll be entitled to half of it whilst your still married.

    Been there, done it mate. My ex is decent enough we just got married to young and now want different things in life. But I've seen enough of it from other friends where the ex can turn into a greedy cash hungry biatch.

    So whatever happens, just protect yourself.
    Does this happen...i tried for two years then i couldn't handle it anymore.

  7. #7

    Re: Legal Advice

    Quote Originally Posted by rs3100 View Post
    I'm not looking for any binding legal advice on here, just from the experience of the masses.

    When separating/divorcing (amicably) if you sell your family home and both purchase somewhere new, how do you protect your new asset from the other person (e.g. in the event of them pissing their half of the proceeds up the wall) while the divorce process is underway? How do you stop a new purchase being a marital asset?
    With regard to your joint asset, the house, I would get legal advice before you do or agree anything with your ex. You have to look 2 years down the line and ask how amicable will it be ? If things sour your ex via her solicitor COULD take you for everything !
    Don`t gamble with it for the sake of a good relationship. All the best.

  8. #8
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    Re: Legal Advice

    I think anything done in consequence of the separation should be exempt, but as staed you can see a judge in chambers and get a legally binding agreement, I had one even before the nisi.

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