My Spouse Controls the Finances and I want a Divorce. What can I do?

It is not uncommon within a marriage for one spouse to manage the finances. That arrangement may have evolved for perfectly practical reasons. Difficulty arises, however, when the relationship breaks down and the spouse in control of the money also controls access to it.

If you are contemplating divorce and are concerned because your spouse manages or restricts the finances, it is important to understand that the law does not leave you without protection. The court’s powers under the Matrimonial Causes Act 1973 are extensive. The objective is fairness. Financial dominance within the marriage does not translate into legal advantage on divorce.

Set out below are ten practical considerations which may assist.

1. Obtain a Clear Picture of the FinancesBefore taking formal steps, try to understand the broad financial position. What properties are owned? What savings, pensions or investments exist? What liabilities are outstanding? Even a general overview is valuable.

2. Secure Key DocumentsWhere it is safe and appropriate to do so, retain copies of bank statements, mortgage details, pension summaries, tax returns and business accounts. Accurate information is central to any financial settlement.

3. Open an Account in Your Own NameIf you do not already have one, consider opening a bank account solely in your name. This is a practical step towards financial independence and can provide reassurance if joint funds become inaccessible.

4. Do Not Act RashlyAvoid withdrawing substantial joint funds or transferring assets without advice. The court expects parties to behave reasonably. Conduct perceived as retaliatory may undermine your position.

5. Consider Immediate Financial SupportIf you have little or no access to income, you may be entitled to interim maintenance once proceedings are issued. The court can order maintenance pending suit to meet reasonable living expenses.

6. Remember the Duty of DisclosureBoth parties are required to give full and frank financial disclosure in financial remedy proceedings. Attempts to conceal or misrepresent assets can carry serious consequences.

7. Do Not Overlook PensionsPensions are often among the most valuable matrimonial assets. They are capable of being shared or offset as part of a financial settlement.

8. Think Carefully About the Family HomeYou do not forfeit rights in the family home because your spouse controls the finances. The court can regulate occupation and determine whether a property should be transferred, retained or sold.

9. Keep a RecordIf accounts are closed, funds moved or significant financial decisions taken without your involvement, keep a careful record. Clear chronology can be important if matters become contentious.

10. Take Early Legal Advice. An early, confidential discussion with a specialist solicitor will provide clarity. It allows you to understand likely outcomes, protective measures and the range of options available before positions harden.

Every case turns on its own facts. The court will consider needs, resources, the standard of living during the marriage, contributions made by each party and, where relevant, the welfare of any children. Financial control during the marriage does not determine entitlement on divorce.

This article is provided for general information only. It does not constitute legal advice and should not be relied upon as such. For advice tailored to your circumstances, you should seek independent legal assistance.

If you are concerned about divorce and financial control within your marriage, please contact Hunter Lawyers for a free and confidential case analysis.