| There
are approximately 158,700 divorces a year in the UK with September
the month that has the largest number of people filing. Source:
Office of National Statistics (2003)
Where
to start
It may seem obvious, but start by making a list of your joint
assets. You need to ensure that your list includes property,
pensions, investments and savings, but don't forget other items
such as a collection of jewellery. Then consider how these should
be divided.
You will also need to calculate what your current expenditure
amounts to and how much you may need when living as a single
person. Factor in all possible costs, including the possibility
of paying early redemption penalties on the mortgage if you
have to sell the marital home.
Property transfer
If, on separation, the husband leaves home and later transfers
ownership of his share to his former wife as part of any financial
settlement but has meanwhile purchased another property, there
could in theory be a capital gains tax (CGT) liability on the
transfer of his share in the former home.
This is because, up to the date of separation, you can have
only one principal private residence (PPR), which is exempt
from CGT when you sell. There is a concession that allows the
husband in these circumstances to regard the former marital
home as his PPR, even if he has bought his own property, provided
that he has not elected for his own property to be his PPR.
So a husband and wife should seriously consider transferring
any appropriate assets between them while still married, as
there will be no CGT to pay on these transfers.
Pension provision
After property, the pension may be the next biggest asset. The
rules, which apply to stakeholder, personal and occupational
pensions, now state that pensions can be split, allowing a spouse
to take part of the fund and put it into their own plan. The
law changed in October 2001, when the courts would no longer
discriminate between the breadwinner and the homemaker.
Sharing out a pension can be extremely complicated. If deemed
appropriate, the most straightforward way is to divide the couple's
finances and not touch the pension, but to make provision for
other assets that could offset the value of the pension to the
ex-spouse. The partner without the pension could end up with
more than their fair share of the other available assets in
return for forgoing a claim on the pension.
If a pension is split after retirement, the provider will look
at the size of the pension pot required to provide the income
received by the retiree. It will then split this appropriately,
basing its new payments on actuarial rates for the man and woman
separately. As women tend to live longer and are usually younger
than their husbands, this could lead to a smaller payout for
them.
Timing is everything
If you have joint life policies and endowments, these can usually
be transferred to a single name. With an endowment policy, if
cover is not to be maintained it may be worthwhile selling it
and splitting the money as you could end up receiving a larger
sum than if you surrendered it. However, you should always seek
professional independent advice on the most appropriate course
of action.
Clever timing of maintenance payments and asset transfers can
save both partners money. The key issue is CGT. Where investments
form part of the settlement, the timing of transfers is critical.
In the tax year of separation, the CGT exemption for transfers
of assets between spouses still applies.
After you have decided to separate, the assets will be treated
as though they were sold at market value, and you will be liable
for CGT on any gain. It makes no difference whether your decree
absolute has been issued - it's from the time you decide to
separate.
|
| 
|
The
average age at divorce is 42 years for men and 39 years for
women.
Source: National Office of Statistics, 2003
Split decisions
* Draw up full details of what you own, what you owe and what
you earn.
* Think about every financial arrangement you made as a couple,
from bank accounts (not just joint ones) to hire purchase agreements.
* Stop all joint credit and store cards.
* You are liable for your partner's debts if you took out joint
loans together.
* Review any insurance policy arrangements you have made for
your partner on your death. If maintenance payments are involved
in any settlement, it may be wise for you to take out a life
insurance policy on your ex-husband or wife's life, as these
payments stop when the payer dies.
* Assign any joint mortgage endowment policy to the partner
who is taking over the mortgage. If you decide to cash in the
endowment, consider selling it rather than surrendering it to
the life company as you could get more money this way.
* Spouses who have no pension provision of their own maybe entitled
to a share of their former partner's pension.
* Check out the title deeds on your property. If the property
is not registered in your name, you must register a charge on
the property with the local land registry office to ensure that
your spouse cannot sell the home or remortgage without your
consent.
* Your will is one of the things you should review if you are
splitting up. When a divorce goes through, your ex-spouse will
be treated as if he or she had died on the date of the divorce.
This is not the same as writing them out of your will altogether.
The Financial Services Authority does
not regulate mortgages, taxation advice and deposit accounts. |