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Hi guys
I am a year into my separation and overall it has been pretty good and we have managed to agree on a lot of areas but I am just a little concerned about what happens when you get divorced. We have two kids, limited funds at the moment and no property, so technically it should be easy to separate.
We both have our own small companies and they are both ticking over at the moment for us to both live on, so financially we are both exactly in the same boat.
She is regarded as the primary carer and gets financial help from the government and I pay her a small amount each month to help out as well, even though I hardly pay myself anything. We share the kids 50 50 and I always pay for them and anything they need.
Now I was keen on a divorce within the first two years, as she started dating someone and I just wanted closure on the situation but she is insisting on delaying it and I feel its because she thinks my business will be more successful than her's in the future.
1) Considering we have equal financial situations at the moment and equal share of custody and both happy with the payment I make each month, could she demand more in say 5 years after the divorce if she purposefully winds up her business, knowing mine is making a lot more?
2) Am I better to get divorced now and agree everything legally now, as we are in the same boat and its an equal split or does it not matter? If I won the lottery in 10 years, I guess I would have to give her half of it, even if she is with or not with someone else?
3) Is there a way of doing a complete split now, maybe a payout, that she can't come in the future when I am more successful.
I just find it hard to imagine that we split equally now and that if I do make money in the next few years that she can demand a lot more.
Any advice is appreciated.
Hi there 🙂
I dont know much at all about the divorce side of things but I do know there is such a thing as a Clean Break Order which prevents any monetary claim after divorce if the Clean Break is in place. I cant give you any more info on it but theres plenty online, just google Clean Break Order with divorce. Hope that helps 🙂
I would say you are definitely better getting it sorted out now - if your business thrives later on, then you will have to pay more child maintenance, but that should be it. I know someone (well knew, haven't spoken in may years) who didn't sort out the financial side on his divorce - about 14 years ago, and left it unresolved. Married and divorced to someone else in the meantime, but also made a lot of money (as in 9 figure sum) - his original ex wife finally took him back to court for a settlement which was undisclosed but was certainly in the millions, even though she hadn't been married to him for any of the time when he'd made his fortune.
Thanks for the advice.
That story is totally unfair and wrong at all levels.
I am going to agree everything now, with a consent order and get it legally bound.
It works both ways anyway but divorce should be agreed at the time and not years down the line for greedy people.
Cheers
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