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Dividing up money and belongings when you separate

This advice applies to Wales

When you separate, you’ll need to think about how to divide your money and belongings.

Two of the biggest decisions you’re likely to make are what to do with your home and how to divide up any pensions - if you have them.

Try to give yourselves time before making a decision. It’s a lot easier to reach an agreement if you and your ex-partner are ready to talk.

You can make an agreement between yourselves, but it’s normally a good idea to talk to a solicitor once you’ve decided what you want to do.

You can find a family law solicitor on the Resolution website.

It’s important that you’re honest about your finances. If you’re not honest and your ex-partner later finds out you tried to hide something, they could go to court and ask for more money from you.

If your ex-partner normally handles the money

If you can, go through your finances together. If this isn’t possible or you’re nervous about sorting out money with your ex-partner, ask your ex-partner if they’ll go to mediation with you.

Mediation’s a cost-effective way of trying to solve differences over money and property. You’ll both have to fill in a financial disclosure form when you go to mediation. This shows how much money you’ve got going out and coming in and it's a good starting point for discussions.

There are exceptions when you don’t have to go to mediation first - for example, if you’ve suffered domestic abuse.

Find out more about mediation.

If your partner makes you feel anxious or threatened, you should get help.

You can call Refuge or Women's Aid on 0808 2000 247 at any time. 

Men's Advice Line is a charity that helps men suffering domestic abuse. You can call their helpline on 0808 801 0327 between 9am to 5pm, Monday to Friday.

 If you’re unsure about what to do next, contact your nearest Citizens Advice.

Working out what to do with your home

What you do with your home depends on what you can both afford to do once you’re living separately, how much value (‘equity’) there is in the home and whether you have any children.

Your ex-partner might be able to continue paying the mortgage on your home, or at least pay something towards the repayments, after they move out.

However you’ll need to come to a more permanent agreement. It might be better to have a clean break, for example so that you and your ex-partner can rent or buy a home of your own.

Check what help you can get with money

You might be able to get help with your living costs when you separate from a partner. This could make the difference between being able to stay in the home and having to move out.

Read about benefits and help with council tax.

You might also be able to get financial support (also known as ‘spousal maintenance’) if you were married or in a civil partnership.

If you and your ex-partner have children, find out how you can get child maintenance.

If you want to stay in the home and buy your ex-partner out

You might be able to buy your ex-partner out so that you own the home by yourself. However, even if you can reach an agreement between yourselves about this, the mortgage company will want to know you can afford the mortgage payments on your own.

This can be very difficult if you don’t work, or you only work part-time because you look after the children.

If you can’t afford the mortgage payments, ask your mortgage company if they’ll let you switch the mortgage to interest-only. This should reduce your monthly payments.

You should ask your mortgage company if they’ll give you a mortgage in your own name. Even if they can, you might be able to get a better deal so you should speak to a mortgage or financial adviser. They might be able to recommend other things you can try.

If there’s no way you can buy your ex-partner out, you could try coming to another arrangement. For example, if you have children, you might be able to stay in the house with them until your youngest child is 18 or finishes secondary education. You can then sell the house.

This could be difficult to arrange so you should get legal advice. You can find a family law solicitor on the Resolution website.

If you want to sell your home

Talk this through with your ex-partner. It might make more sense for one of you to stay in the home if there isn’t much 'equity' in it. Equity is how much money is left from a sale after you’ve paid off your mortgage.

If your home sells for £250,000 and you have a mortgage of £200,000 on it, the equity is £50,000. You'll probably have to pay other fees out of that £50,000, such as to solicitors and estate agents. These extra fees could be around 2-3% of the selling price so you could end up with less than £50,000. 

Talk to an estate agent if you want to get an idea of how much your home is worth. It’s a good idea to get 3 different valuations so you’ve got a range of sale prices to choose from. You should also check with your bank or building society to find out how much is left on your mortgage.

Once you know the equity, try to reach an agreement with your ex-partner about what you’re going to do. Then talk to a solicitor.

Working out how to divide up the equity between you is complicated and depends on a number of factors including:

  • how much you both earn

  • If you have any other money or property

  • your needs and responsibilities, for example if you have children

  • how long you’ve been married or in a civil partnership

  • how much you’ve each contributed to the relationship - financially and emotionally

A solicitor will be able to tell you what you'll be entitled to if you sell your home.

Dividing up your pension

If you’re married or in a civil partnership, you might be entitled to a share of your ex-partner’s pension when you divorce or end your civil partnership.

You should try to reach an agreement between yourselves about what you want to do with a pension, but it’s best to speak to a financial adviser.

You should get advice from a family law solicitor. You might also need to speak to a financial adviser.

How you divide a pension can depend on how much the pension is worth. The most common way to share a pension is to move some of your ex-partner’s pension into a scheme of your own. This is known as ‘pension sharing’.

Pension sharing can only be done when a judge grants a ‘pension sharing order’ during your divorce or civil partnership dissolution.

Read more about what happens to pensions when you separate on GOV.UK’s Pensionwise website.

If you’re worried about the cost of a solicitor

Solicitors can be very expensive. Prepare what you want to discuss before you speak to them to keep your sessions as short as possible.

Some solicitors offer an initial meeting for free or a fixed cost - use this time to find out as much as you can. You’re unlikely to get detailed advice but you should get an idea of how complicated your case is and roughly how much it’ll cost you.

You should ask your solicitor to give you a written estimate of how much your legal fees will be.

Dividing up other finances

To divide up everything else, make a list of the things you and your ex-partner own, including:

  • personal belongings, for example furniture or jewellery

  • cars

  • money in bank accounts (joint accounts as well as your own)

  • savings and investments

You don’t have to list all your belongings. It might be quicker just to include things over £500, or things you really want to keep.

You’ll also need to include any debts you have, like a bank overdraft, credit card debts or hire purchase agreement.

If your debts are shared, you’ll both be responsible for the whole amount - not just your half. This means if your ex-partner stops paying the debt off after you separate, you’ll have to settle the debt by yourself.

Even if you and your ex-partner are talking to each other, it’s a good idea to make sure you have a plan for paying off your shared debts. If you’re worried your ex-partner can’t or won’t pay, you should talk to a solicitor.

If you have joint accounts with your ex-partner

You can continue to use a joint bank account with your ex-partner after you separate, for example if you’re sharing childcare costs.

However it’s probably better to close the account and open separate ones to prevent any disagreements about money. You’ll both need to give your permission to close an account. If you don’t close the account your partner could access the funds or run up debts which will be your responsibility.

If your joint account is overdrawn you should freeze it - you don’t need your partner’s permission to do this. This will stop you or your ex-partner withdrawing money and building up more debt.

If you’re worried that doing this will upset your ex-partner, you should talk to an adviser at your nearest Citizens Advice first.

Deciding who owns something

There’s no easy way to decide who owns something from a relationship. You’ll need to sit down with your ex-partner and go through things one-by-one.

Try to agree as much as you can. If you have to go to court to decide who gets to keep something, you could easily end up spending more on solicitors’ fees than the item is worth.

It can help to write on your list how much you think each item is worth. That way, if one of you wants to keep a more expensive item, the other person could take a number of smaller items of the same value.

Decisions about furniture and white goods

If you’re trying to put a value on things like furniture or white goods, it’s a good idea to estimate their new value - rather than how much you could sell them for now.

A 10 year old sofa that you shared with your ex-partner might only be worth £100, but the cost of replacing it if you have to move into a new home would be a lot more.

What to do next

If you agree with your ex-partner

You don’t have to write a complicated agreement. If you can agree the main points of your separation, write them down so you can see what you’ve decided.

You don’t have to do anything else, but it’s normally a good idea to take your agreement to a solicitor to check it's fair.

If you’ve already started getting divorced or ending your civil partnership

Ask your solicitor to draft a ‘consent order’. This is a type of agreement that can be made legally binding by a judge.

Once the agreement’s legally binding, your arrangements will be final and you’ll be able to take your ex-partner to court if they don’t stick to something you agreed.

If you haven’t started getting divorced or ending your civil partnership

You should still go to a solicitor even if you haven’t started getting divorced or dissolving your civil partnership.

They’ll be able to draft something called a ‘separation agreement’. This isn’t legally binding, but you can normally use it in court as long as:

  • it's fair, and you and your ex-partner can show you understood what you were agreeing to - for example, if you got legal advice
  • it's been drafted properly by a solicitor
  • you and your ex-partner's financial situations are the same as when you made the agreement

You can search for a solicitor on the Law Society website.

If you can’t agree with your ex-partner

If you’ve tried mediation and you still can’t agree what happens to your money after you separate, you’ll need to apply to the courts for a financial order. This asks a judge to decide how to divide things up.

You can apply for a financial order at any time after you’ve you’ve filed a petition to end your marriage or civil partnership, but it’s best to do it before you receive your decree absolute or final order. The longer you wait to apply after separating, the less the judge might award you.

You’ll need to show the court that you’ve tried meditation before the court can grant an order.

You can read more about applying for a financial order on GOV.UK.

You might be able to get legal aid to pay for mediation when you separate, but it’s very hard to get it for legal costs - even if you’re on benefits.

You can usually only get legal aid if you or your children have been victims of domestic abuse. Domestic abuse includes controlling behaviour, like stopping you from withdrawing your own money.

Check if you’re eligible for legal aid on GOV.UK.

There might be other ways you can pay less for your legal help. Read about help with legal fees when you separate.

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