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When Money Has Been Used as Control – Understanding Your Mortgage Options After Divorce

Published on
Clementine Palmer Adv. CeMAP
Mortgage Capacity Expert
Bright Money Independent – Member of The Equity Release Council

Divorce is rarely straightforward. But for many people, it isn’t just the emotional separation that makes it difficult – it’s the financial uncertainty that follows.

Over the years, I’ve worked with many people navigating divorce and separation, who feel completely in the dark about their financial position. Some haven’t been involved in the household finances at all. Others have been told – directly or indirectly – that they won’t be able to survive financially on their own.

And in some cases, money has been used as a form of control.

This is known as financial abuse. And while it may not always be immediately obvious; it can have a significant impact on someone’s ability to move forward independently. Approximately 8.7 million people in the UK report such abuse, with over 95% of domestic abuse survivors also experiencing some form of economic abuse.

What does financial abuse look like?

In the context of a relationship, financial abuse can take many forms:

  • Not being allowed access to bank accounts
  • Having no visibility of income, outgoings, or debts
  • Being discouraged from working or building an independent income
  • Credit being taken out in your name without your full understanding
  • Being fed misinformation to prevent you from gaining financial independence i.e. “finding the right account is so complicated, I’ll manage this for you”.
  • Being told repeatedly that you “won’t be approved” for a mortgage alone

By the time a separation happens, the result is often the same: a feeling of being financially stuck, in the dark about your finances & often isolated, not knowing where to begin.

The reality: things are often not as bad as they seem

One of the most common things I hear is: “I don’t think I’ll be able to get a mortgage.”

In many cases, that belief isn’t based on fact – it’s based on lack of information, or what someone has been told over time.

The reality is, mortgage affordability is more nuanced than most people realise. There are:

  • Lenders who take a broader view of income
  • Options available for those with less conventional financial histories
  • Ways to structure lending that aren’t always visible on the high street
  • Affordable housing options for those with low income or low deposit
  • Later life lending options such as Retirement-Interest-Only (RIO) & equity release mortgages, specially designed for people aged 50+ who had previously been far more restricted.

But without a clear, professional assessment, advice & guidance, it’s incredibly difficult to know what is actually possible.

This is where mortgage capacity reports come in

A mortgage capacity report provides a detailed, evidence-based assessment of what someone could realistically borrow following separation or divorce.

It’s not a generic online calculator or a rough estimate. It’s a properly researched report, tailored to an individual’s circumstances, considering:

  • Income (including complex or variable income)
  • Dependants
  • Existing financial commitments
  • Age & sustainability of onward mortgage
  • Credit profile
  • The full range of available lenders

These reports are used within divorce proceedings & separation to support fair financial settlements & asset division, particularly when property is involved.

But beyond that, they serve an important purpose: they replace uncertainty with clarity.

Why clarity matters

When you don’t know what you can afford, it’s easy to feel powerless, especially if you’ve been part of a relationship where you’ve had little or no control over your finances.

You may:

  • Stay in a situation longer than you want to
  • Accept a settlement that gives you less than you deserve
  • Feel unable to challenge assumptions because you don’t have the facts

Clarity changes that.

Understanding your borrowing capacity allows you to:

  • Make informed decisions during negotiations
  • Plan your next steps with assurance
  • Regain a sense of financial independence & confidence

A different kind of conversation

One of the most important parts of my role isn’t just the technical calculation – it’s the conversation around it; What is not only affordable but sustainable at this stage in your life? What are your financial goals in this new chapter of your life?

For many clients, this is the first time they’ve been able to sit down and talk openly about their financial position without pressure or judgement.

It’s not about pushing towards a mortgage. It’s about understanding what is realistically achievable and creating a plan that supports long-term stability & your financial goals as an independent person.

A final thought

If you are going through a divorce or separation and feel unsure about your financial future, you’re not alone – and you’re not without options.

What you’ve been told, or what you believe to be possible, may not reflect the full picture.

With the right information and the right advice & support, many people find they have more choices than they expected.

And that is often the first step towards moving forward with confidence.

About Clementine Palmer

Clementine is a Mortgage Capacity Expert at Bright Money Independent – Member of The Equity Release Council

Clementine brings a meticulous, detail-oriented approach to every report she prepares. She has particular expertise in complex income structures, later-life lending and self-employed cases, where a thorough understanding of lender criteria makes all the difference,

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The Document That Could Decide Your Divorce: What You Need to Know About Mortgage Capacity Reports

Published on
Byrne Harris CeMAP
Mortgage Capacity Report Expert
RI at Cornerstone Finance
Founding Member of helpnetwork.co.uk
Affiliate of Resolution and the Expert Witness Institute.

Divorce is one of the most complex events most people will ever go through, and the list of forms and documents can feel overwhelming, but there is one document that often carries more weight in determining the financial outcome of a divorce than almost anything else.

The Mortgage Capacity Report – Understanding what it is, how it works, who can produce one — and crucially, how to challenge one — could make a significant difference to your settlement.

What Is a Mortgage Capacity Report?

A Mortgage Capacity Report sets out, in formal terms, how much each party in a divorce is realistically able to borrow as a mortgage in their own right. This sounds straightforward, but the implications are enormous.

When a court — or a mediation process — is deciding how to divide the matrimonial home and any other assets, it needs to know what each party can afford going forward. Can the spouse who wants to keep the family home genuinely raise the finance to buy the other out? Can the departing spouse afford to purchase a new home of their own? With a room for each dependent? The answers to these questions directly shape who gets what.

This is why the report is so powerful. It is not a vague estimate or a solicitor’s opinion — it is a formal, detailed assessment of borrowing capacity that courts and mediators treat as authoritative financial evidence. Get it right, and it supports your position. Get it wrong — or allow the other party’s report to go unchallenged — and it could shape your financial future for decades.

Only a Qualified Mortgage Professional Can Write One

This is one of the most important points to understand: a Mortgage Capacity Report cannot be produced by a solicitor, barrister, or any other legal professional. The law may be their domain, but mortgage lending is not.

The report must be written by someone holding a CeMAP qualification — the Certificate in Mortgage Advice and Practice, which is the industry-standard professional qualification for mortgage advisers in the UK. CeMAP-qualified professionals understand how lenders assess affordability, how income is stress-tested, how credit profiles affect borrowing limits, and what lenders will and won’t accept. That specialist knowledge is what gives the report its credibility and authority.

These Reports Are Not Beyond Challenge

Here is something that many divorcing individuals — and even some legal professionals — do not fully appreciate: Mortgage Capacity Reports are not regulated by the Financial Conduct Authority (FCA) in the same way that mortgage advice itself is. This matters for one very important reason: They can be challenged. In other words, if their final affordability seems far too low, speak up.

There are two distinct ways to question a report:

  1. The information that was provided to the report writer by your ex. A report is only as reliable as the data it is based on. If income figures are incomplete, if financial commitments are inflated or if the numbers are just wrong? — the conclusions drawn from that data will be flawed. Identifying what information went into the report, and questioning its accuracy or completeness, is a legitimate and often effective line of challenge to be directed at your ex.
  2. The conclusions the writer reached. Even with accurate data, two qualified professionals can reach different conclusions, i.e. optimistic or pessimistic, but if a report does not clearly explain why the assessed borrowing capacity falls below what the standard rule of thumb would suggest — typically 4.5 times gross annual income — then the methodology itself is open to scrutiny. A well-constructed report will walk through this reasoning explicitly: what an age over 47 will bring it down, how debt level and credit score can impact affordability, etc. If that explanation is absent or unconvincing, the report’s conclusions can be directly challenged. In addition, the writer must demonstrate that they had access to the whole market, state clearly that their primary duty is to the court, not the subject of the report, and include a ‘statement of truth’.

This is why the quality of a report matters as much as who wrote it. A good Mortgage Capacity Report is not just a number — it is a reasoned, evidenced analysis that can withstand scrutiny in a formal legal context.

You Can Commission a Report on the Other Party

Many people are surprised to learn this, but it is entirely legitimate to commission a Mortgage Capacity Report on your spouse or former partner — not just yourself. If the other party is claiming they cannot afford to buy you out or is arguing that their borrowing capacity is severely limited, you do not have to simply accept their report at face value.

Using the financial information disclosed in proceedings — which both parties are legally required to provide — a qualified mortgage professional can independently assess what the other party is genuinely capable of borrowing. If that assessment differs significantly from the one they have submitted, it becomes a powerful piece of counterevidence in your case.

This is not about gaming the system. It is about ensuring that the financial picture presented to the court or mediator is accurate, not artificially inflated or deflated to gain an advantage in the settlement.

What Does a Report Cost — and What Should You Expect?

The cost of a Mortgage Capacity Report varies considerably across the market. At the lower end, reports can be obtained from around £99. At the higher end, some providers charge upwards of £400. The price does not reflect the quality — what matters is whether the report is thorough, clearly reasoned, and written by someone with the right qualifications and genuine lending market knowledge.

  1. Ask whether the report will clearly explain any gap between the 4.5x income rule of thumb and the actual assessed capacity.
  2. Ask whether the writer has experience of producing reports for divorce proceedings specifically — this is a different exercise from standard mortgage advice, and experience in the legal context matters.
  3. Ask whether the report will hold up to the kind of scrutiny described above.
  4. If you really want to save time, ask them about Rule 25.3 of the Family Procedure Rules (FPR) 2010. If they can’t answer, hang up and find another supplier.

A report that is poorly constructed, light on reasoning, or based on incomplete data could harm your position. The investment worth making is in a report that is done properly — one that gives a court or mediator everything they need to understand and rely on the conclusions it reaches. A nice bonus is to have it formatted as a regular legal document.

Do Not Let This Document Be an Afterthought

Divorce proceedings involve a great deal of paperwork, and it is easy for individual documents to get lost in the noise. The Mortgage Capacity Report should not be one of them. It directly determines what each party can afford, shapes how property is divided, and carries real evidential weight in front of a judge.

It is a document that requires a qualified specialist to produce, that operates without the safety net of FCA oversight, and that can be challenged — and successfully challenged — if the information it contains or the conclusions it draws do not hold up to scrutiny.

Whether you need a report for yourself, want to commission one on the other party, or need to assess whether a report already in proceedings is as robust as it should be, taking this seriously is one of the most important financial steps you can take during your divorce.

About Byrne Harris CeMAP

Mortgage Capacity Report Expert, RI at Cornerstone Finance, founding member of helpnetwork.co.uk , affiliate of Resolution and the Expert Witness Institute.

After arranging mortgages exclusively for divorcees for many years, Byrne has become an expert on Mortgage Capacity Reports and understands what a critical tool they can be if produced, used and understood correctly.

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Starting Fresh: Navigating the Property Market and Mortgages After Divorce
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Starting Fresh: Navigating the Property Market and Mortgages After Divorce

Published on
John Fraser-Tucker
John Fraser-Tucker Head of Mortgages at Mojo Mortgages

Divorce is widely cited as one of life’s most taxing experiences, ranking high on the scale of emotional and physical stress. Amidst the sea of legal paperwork and emotional recalibration, one of the most daunting hurdles is the question of “home.” Whether you are leaving a shared property to find a new sanctuary or looking to buy out a former partner, the bricks and mortar of your life often represent the first tangible step toward a new beginning.

As we move into 2026, the financial landscape for single applicants is evolving. “Divorce is one of life’s most significant transitions,” explains John Fraser-Tucker, Head of Mortgages at online mortgage broker, Mojo Mortgages. “While the emotional weight is often the primary focus, the financial shift, particularly regarding a family home, requires a clear-headed strategy”.

To help you navigate this transition, we’ve worked with John Fraser-Tucker at Mojo Mortgages to provide a comprehensive guide to securing your solo financial future;

1. Auditing the ‘Solo Economy’

“The shift from a dual-income household to a ‘solo economy’ is often the sharpest adjustment a person will make. Before even browsing property listings, you must perform a rigorous audit of your “new normal”. This isn’t just about what you earn; it’s about how your post-divorce cash flow appears to a lender.”

“Lenders today are more nuanced in how they view income, but they are also incredibly thorough:

  • Maintenance as Income: “If you are the primary caregiver and receive child maintenance or spousal support, these figures can often be used to bolster your affordability.

  • Maintenance as Liability: “Conversely, if you are the one making payments, these are factored into your debt-to-income ratio.

“Understanding these critical figures early on prevents the heartbreak of falling in love with a property only to be declined by a lender later.”

2. Bridging the ‘Affordability Gap’

“For many, the most significant obstacle is the affordability gap. When you lose a second income, your borrowing power naturally decreases, often making it feel as though the homes you want are out of reach.

However, the team at Mojo Mortgages notes that “fresh starters” have a unique advantage: “Equity.” Fraser-Tucker states, “If you are selling a marital home, your share of that equity can be a powerful tool. By injecting a larger deposit into your next purchase, you can secure a lower Loan-to-Value (LTV) ratio. This doesn’t just make the mortgage more likely to be approved; it unlocks more competitive, lower interest rates that can make monthly solo payments far more manageable.”

3. The Great Debate: To Buy or To Rent?

“There is often a societal pressure to ‘get back on the ladder’ immediately, but the expert consensus is to move at your own pace” says Fraser-Tucker.

  • The Case for Renting: “Many financial advisors suggest renting for six to twelve months. This period acts as a vital ‘buffer zone’, allowing you to understand your new lifestyle costs, such as utility bills, groceries, and commute expenses on a single income, without the long-term commitment of a mortgage.”

  • The Case for Buying: “If your settlement is finalised and you have a deposit ready, buying offers the long-term stability and psychological peace of mind that many crave after a period of upheaval. Buying allows you to begin building equity for your own future immediately.”

“Ultimately, the choice depends on where you are in your legal journey and what you feel you can comfortably afford for yourself.”

4. Avoiding the ‘Financial Ghost’ of Your Ex

“One of the most common – and potentially devastating – mistakes is failing to completely sever financial ties. If your name remains on a joint mortgage for a property you no longer live in, lenders will view that entire mortgage as your liability. This will drastically limit, or even entirely block, your ability to borrow for a new home.”

“Not only this, your credit score can be haunted by your ex-partner’s habits.” To protect your future, Fraser-Tucker recommends:

  • Closing all joint accounts as soon as possible.

  • Filing a ‘Notice of Disassociation’ with major credit agencies. “This ensures that if an ex-partner struggles with debt or late payments in the future, it won’t impact your ability to get a mortgage, a car loan, or even a credit card.”

5. Strategy Over Speed

“Starting over is a marathon, not a sprint. It is tempting to rush the process to feel settled, but the most successful transitions are those built on expert advice and a foundation of facts.

“By securing a free Mortgage in Principle early, you can move forward with the confidence that your new beginning is built on solid ground,” says Fraser-Tucker. A Mortgage in Principle helps give you an idea of how much you are able to afford, allowing you to house-hunt with a more realistic budget and a clearer head (though you should bear in mind a Mortgage in Principle isn’t official and should only be taken as an estimate).”

Your home should be your sanctuary. By implementing these strategic steps and seeking expert advice, you can ensure your transition is supported by a robust financial framework, providing the necessary clarity and confidence to move forward into your next chapter.

For more guidance or advice on this topic please visit https://mojomortgages.com/

About John Fraser-Tucker – Head of Mortgages at Mojo Mortgages

Since joining Mojo Mortgages in October 2022, John has played a pivotal role in strengthening our proposition, enhancing operational efficiency and ultimately helping more customers approach mortgages with confidence. With over 20 years of experience in the financial services sector, he possesses a deep understanding of mortgage products and the unique needs of customers in the UK housing market.

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The Escalating cost of Mortgages – How it impacts on Divorce in 2023.
Photo by Tierra Mallorca on Unsplash.
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The Escalating Cost of Mortgages & Its Impact on Divorce in 2023

Published on
Peter Marples
Peter Marples
Director
Fair Result

One of the largest components of any divorce is the issue of the family home. With over 1/3 of all households having a mortgage, and many divorcees also having the odd rental property or two – the case of mortgages is always high on the agenda in any divorce.

Whilst a large majority of people are on fixed rates, a more significant number than you think are on interest only – meaning many of these deals are coming to an end shortly.

For those of you who have secured a divorce financial settlement with your partner committed to making the mortgage payments into the future, the cost of living squeeze will almost certainly be biting – with the risk and fear of default against the order that you may have agreed to.

As we face a long period of high-interest rates, the ability of spouses to continue to pay mortgages will almost certainly become a bigger issue to contend with in a divorce scenario. With a significant number of divorcees being based on ‘need’, the balancing of resources to meet that need means that flexibility on both sides has to be the basis of any settlement. Whilst a spouse may wish to remain in the family home for the stability of the children, if the former husband (or wife) simply cannot afford to pay the mortgage and house themselves then something has to give. It is not a scenario anyone wants but one that is becoming all too familiar and common in the work we do in divorce.

So, some simple tips and advice for those of you facing this dilemma, either in the process of divorce or facing a default in an existing order:

  • Remain flexible and understand that there is only so much available to make all the necessary commitments
  • Make sure that any divorce settlements enable you to maximise Government support in terms of universal credit and other support systems
  • Discuss with your mortgage company the option of converting to interest only – particularly if you are committed to the long term
  • Don’t jump at selling the family home – almost certainly the cost of a new mortgage will be more than the cost of your existing home in the medium term
  • Remember the days of cheap mortgages are gone forever – so budget that rates will be at least 4% in the medium term and the impact this is going to have on your divorce settlement and your cost of living.

As always, the team at Fair-Result are here to discuss with you your options and a way forward. We specialise in achieving pragmatic and fair solutions to divorce scenarios, focussing on what is achievable both in the short term and looking to the future.

Feel free to contact Pete or Chris for an informal, free-of-charge initial discussion. Remember we are the only fixed fee divorce service in the UK focussing on financial settlement with nothing to pay until the end of the process.

Read more articles by Peter Marples.

About Peter Marples

Peter Marples – Director of Fair Result and qualified accountant, with the determination to change the way divorce is transacted. For further advice on financial settlements and navigating divorce, use the contact details below:

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form

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Reverse Mortgage assessment

The Reverse Mortgage Capacity Assessment

Published on
Natasha Palmer
Director
Simpson Financial Services Limited

As a Mortgage Capacity Advisor my main role is to ascertain the amount of mortgage lending a divorcing individual or couple can borrow to help them negotiate a fair settlement.

Although each individual or couples’ circumstances differ, and each assessment is unique, it is this type of assessment that I am often involved in.

However, more recently I have received several enquiries for, what I have come to call, a ‘Reverse Mortgage Capacity Assessment’.

This is where the amount of mortgage lending required is already known and what I am instructed to explore is how much income will be required to achieve the required level of borrowing.

The ‘income’ in most cases refers to maintenance payable by the ex-spouse. However, it could also refer to any form of income required to achieve a certain level of borrowing.

This could relate to an individual who is looking to increase or decrease working hours; switch roles or seek new employment.

With regards to maintenance income, whether spousal or child, I am often instructed to explore how much maintenance is required to achieve varying borrowing amounts, which, for example, could range from £100,000.00 – £500,000.00 in intervals of £100,000.00. This can help highlight how much additional income is required to achieve suitable housing.

The results of these reports often vary drastically due to mortgage lenders varying criteria regarding maintenance income. Some mortgage lenders are happy to use 100% of maintenance income if there is a Child Maintenance Service Agreement or Court Order in place.

The payment of maintenance will usually need to have been in place for several months, typically 3-6 although some lenders require 12 months history of this income with Bank Statements to prove it.

Many mortgage lenders will only consider a percentage of this type of income and some will not use this income whatsoever.

What is interesting and important to know for the negotiation of maintenance, is that large amounts of spousal or child maintenance may not always have the desired effect where mortgage borrowing is concerned. This is because many mortgage lenders are uncomfortable lending to those who rely heavily on maintenance income.

Therefore, it is important to be sure that the amounts agreed will help and not hinder any mortgage related plans.

About Natasha

Natasha Palmer is a qualified Mortgage Advisor at Simpson Financial Services Ltd with offices in Coventry and Leamington Spa.

With over 10 years experience in Financial Services Natasha starting her career in Financial Administration. She became qualified to advise on Mortgages, Protection and General Insurance in 2008 and then spent the next 4 years advising home owners, first time buyers and small businesses on the most appropriate lending and protection solutions.

Becoming a Director of Simpson Financial Services in 2010 she then went on to win the Insurance Institute of Coventry’s Young Achiever of the year award in 2010/11.

Her career in Mortgage Capacity Assessments started over lunch with a with a local family solicitor one day who asked if she could provide mortgage capacity details for a divorcee having difficulties negotiating future housing needs with their soon to be ex. Natasha began producing Mortgage Capacity Assessments from that day on.

She can be contacted at natasha@simspsonfs.co.uk and you can check out her services on the website: mortgagecapacityassessments.co.uk.

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What Happens to your Mortgage after Divorce

What Happens to your Mortgage after Divorce?

Published on
Michelle Niziol
Michelle Niziol
CEO at Michelle Niziol Ltd &
The IMS Property Group

Your mortgage might be the biggest financial asset you share with your partner, and when you decide to part ways, it could be your biggest stumbling block.

There’s no doubt about it: divorce makes mortgages complicated.

As a joint mortgage holder, you are required to pay for a property that you have a mortgage on even if you no longer live in the property.

To avoid a potentially messy situation in the short term, contact your mortgage lender immediately to let them know about the changes. Once you’ve determined a short-term solution, it’s time to look at the options.

Option 1: Sell the property

Selling the property is a quick solution to any mortgage woes, as it rids you of the house (and the mortgage) in one fell swoop.

Depending on the agreement you’ve arranged with your spouse and with your lender (and whether or not there is a trust deed in place), you may even be entitled to some of the profits. Do your best to agree amounts and percentages before the property goes on sale. Should discrepancies arise after the sale of the property, it could be a costly oversight.

Option 2: Transfer ownership

If you or your partner intends to live in the property, one of your will need to ‘buy out’ the other partner’s share of the mortgage.

This will involve two processes: the first is to prove that you or your partner can afford the entire mortgage on their own, and the second is to take over the other partner’s equity.

Most lenders recommend having the property revalued to make sure that payments are fair. Once you’ve ‘bought out’ the other party’s share, the lease will transfer to sole ownership.

This is a crucial step. Your partner might be the most responsible person in the world, but things happen. We advise against allowing yourself to be put in the position of having to take over mortgage payments without any legal recourse.

divorce property
There’s no doubt about it: divorce makes mortgages complicated.

Option 3: Transfer partial ownership

If you or your spouse still wants to live in the home but cannot afford the entire mortgage on your own, partial ownership is an option.

This involves purchasing some of the equity from your partner in the joint mortgage (if you each own 50% of the property, you could buy an additional 35% from your partner, therefore owning 85% of the property).

However, your partner will still have a stake in the property, and would be entitled to some of the profit should you sell the home in the future.

If you’d like to live in your property but cannot afford to take sole ownership, consider a Mesher order or a Martin order.  Issued by a court, a Mesher order puts off the sale of a house until a predetermined date in the future (often when a child turns 18).

A Martin order can also help you gain a bit more time, and allows the applicant to live in the home for the rest of their lives, or until remarriage.

If you are considering this option, be sure to remember that if your name is on the lease, you are equally liable to pay the lease fees, whether you own 1% of the house or 99%.

Option 4: Keep the home, and don’t change who owns it

As I mentioned above, this is a risky proposition. Even the most responsible people can sometimes miss payments, and paying two mortgages (or rent in addition to a mortgage) can place undue financial stress on one partner.

While this option does present considerable risk, it is the easiest to undertake, as nothing is required aside from continued payment of the mortgage.

Every mortgage is different, and the options available to you will depend on your situation.

About Michelle

Michelle Niziol is an entrepreneur with a real passion for property.

A former mortgage broker, she first became interested in property when she began investing in her own portfolio.

After building a successful property portfolio, she realised her dream was to help others unlock their full property potential, and founded IMS Property Group in 2008.

IMS Property Group is designed to help customers with all of their property needs, from sales and lettings to mortgage advice and even property development and finance.

In 2018, she expanded my business into Michelle Niziol Bespoke Property Solutions, where she specializes in providing bespoke solutions for investment clients. Her clients purchase investment properties through her property search package. She then assists with developing the properties, and helps clients find the most lucrative solution.

Photo by rawpixel on Unsplash

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divorce mortgages

Are ‘Divorce Mortgages’ a Thing of the Future?

Published on
Linzi Perriman Associate Solicitor in the Family team at Gorvins Solicitors
Linzi Perriman
Associate Solicitor in the Family team at
Gorvins Solicitors

According to the Office for National Statistics, divorce rates in England and Wales were higher in 2013 when compared with 2003 for men and women aged 50 and over, commonly referred to as “silver splitters”.

Last month my colleague wrote about the rising trend of ‘silver nups’ and how they can be used successfully to ring fence pre-existing assets.

It seems that lenders are finally recognising the statistics and are considering bringing a new product to market before 2017 called a ‘divorce mortgage’ which enables one party to stay put in the family home to avoid the trauma of moving.

The idea behind the product is that it will allow one spouse to borrow enough money for a set period of time to buy out their ex-partners’ share in the property.

What is not clear at this stage is the lending criteria – on the surface it appears to cater for divorcing couples of all ages and the length of term spouses will have to repay the amount borrowed is unclear – will it vary on individual circumstances or will it be a set term and what level of interest will be charged?

Selling or Staying in the Matrimonial Home?

According to the Nationwide, around 30% of divorcing couples sell the matrimonial home because either party cannot afford to continue to pay the mortgage and outgoings on their own.

This usually comes down to the fact that the mortgage was granted on the basis of two incomes, which means lenders often want the spouse wishing to stay in the home to make a capital contribution to increase the original deposit to around 25% of the value.

Some lenders will take into account child maintenance, benefits, tax credits and spousal maintenance in addition to earned income when assessing a spouse’s mortgage capacity going forward, but many do not.

The result of the stricter affordability checks introduced by lenders two years ago has made re-mortgaging even more difficult, but not impossible, for divorcing couples.

Selling the family home can be difficult for many especially where there are young children, as parents often want to retain as much stability as possible during divorce. However for some selling the family home is welcome and represents a fresh start.

A divorce mortgage may be helpful to a spouse with a decent income (but a lack of capital) who can afford the mortgage repayments but it may be of little assistance to a spouse with a more modest income.

It remains to be seen whether the divorce mortgage will become a silver bullet to cure the upset and disruption of having to sell the family home, or whether the practicalities of trying to divide one pot of money into two will still see spouses selling up for years to come.

About the Author

As an Associate Solicitor at Gorvins Solicitors‘ Family and Matrimonial department Linzi Perriman regularly advises clients in relation to divorce, financial and property disputes, adopting a constructive and conciliatory approach consistent with Resolution’s Code of Conduct.

Linzi also assists litigants in person via the Resolution free legal advice clinic at Manchester Family Court and mentors students studying the LPC at the University of Law.

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How to Get Approved for a Mortgage Post Divorce

Published on

Suzy Miller www.thedivorcemagazine.co.ukIn this interview with financial advisor Sheila Bailey of Willow Private Finance – in my role as the Suzy Miller of Alternative Divorce Guide  asked Sheila how to get approved for a mortgage post divorce.

“Are the new mortgage rules going to make life even harder for separating families, trying to buy new homes on stretched incomes”?

New mortgage rules have come into force – will it make it harder for you to get a mortgage? How to get approved for a mortgage?

“When starting over from divorce, buying a new home is often part of that process, but will these new rules make it harder?

As of the 26th April 2014 new rules regarding affording your mortgage have come into effect. This means that we will have to prove to lenders that you can afford your mortgage now and if interest rates were to increase.  Financial advisors will usually take into account your affordability in the future to ensure that you are able to remain in your home.

The new rules are designed to stop home owners from over stretching their incomes. The new rules will ensure that anyone buying a new home can not only afford the initial cost but also the cost if interest rates were to increase. During an application financial advisors will continue to use each lenders affordability criteria to ensure that you can maintain your payments. The criteria will include the cost of potential higher interest rates.

The Money Advice Service published their survey findings on 3rd April 2014 suggesting that three in four first time buyers admitted to over stretching their budget, because they had “fallen in love” with their dream home.

They also found that more than half said that the total bill for buying their home was almost £1,300 more than originally budgeted for. Again more than half of the first time buyers asked said that the day to day maintenance and bills turned out to be more than expected.

Make sure you explore and discuss in full the cost of buying your new home and the day to day running and complete a comprehensive budget planner to hopefully eliminate any surprises, in either area.

 

Changes in the information required by lenders:

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Explore and discuss in full the cost of buying your new home and the day to day running

There has been some press reports that lenders will now require more evidence for incomes etc. However, some advisors will always ask that you provide 3 months payslips if employed or 3 years signed trading accounts and SA302’s; 3 months full personal bank statements; and of course a fully completed budget planner.

All of these requirements have previously been as standard and will continue to be so (unless the lender requires any further evidence).

When you meet with your financial advisor do remember to discuss the “what ifs” with them.  For example what if you lose your job, were to be unwell, have children or get divorced. This will help you and them to ensure that you can afford your mortgage not only now but also in the future.

Remortgaging:

If you are looking to remortgage, you will need to meet the lenders affordability criteria. However, this has always been the case and you could still potentially save money by moving lenders.

Suzy Miller of The Alternative Divorce

YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE. THE FINANCIAL CONDUCT AUTHORITY DOES NOT REGULATE SOME FORMS OF MORTGAGES. 

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What Mortgage Can I Afford?

Published on

 Mortgage Capacity Assessment – Helping to Negotiate the right divorce Settlement.

Director at Simpson Financial Services Limited
Director at Simpson Financial Services Limited

Recently a friend of mine who is currently going through a divorce came to me with a problem.

She had done everything right so far; she had sought advice from a reputable Family Solicitor and agreed that the most amicable course of action would be to attend mediation meetings.

Access and maintenance payments for the children were dealt with quickly and her husband agreed that, assuming she could take over their mortgage by herself, she could keep the house in return for him retaining his pension and savings. With negotiations proceeding so smoothly all appeared to have gone in her favour…..or so she thought.

As we all know once a divorce settlement has been finalised it cannot be re-written, therefore, getting it right is imperative. Emphasis should be made on ensuring you have the correct information from the outset to allow you to make the right decisions, save time and money.

What my friend had failed to find out is whether she could actually raise a mortgage herself?

The last visit she made to her now ex-Mortgage Advisor was nearly 5 years ago and at that time her husband had just started his own business and could not prove any income.

The Mortgage Advisor confirmed that with her salary and the Child Benefit they receive for their 3 children they still qualified for a mortgage. With this in mind my friend confidently agreed to the terms of the divorce settlement assuming she would be able to take over the mortgage on the marital home.

After a visit to her bank my friend discovered, to her surprise, that the Mortgage Advisor no longer worked at the bank. In fact the bank no longer provided mortgages. This is when she came to me to explain what had happened and wanting to know where she should go from here?

I mentioned that she would benefit from having a Mortgage Capacity Assessment carried out.

This is where a Mortgage Capacity Expert would, after considering her Form E and any other relevant financial information, be able to confirm her likely maximum mortgage borrowing and more importantly the amount of mortgage she could actually afford to maintain. After making relevant enquiries she received her Mortgage Capacity Report a few days later which confirmed a number of things:

  • what mortgage can I afford
    What mortgage can I afford?

    Lenders would no longer consider the Child Benefit she receives. This is because her children are nearing an age when these benefits will stop; her children are now aged 14, 16 and 17.

  • Her Credit Card bill had crept up to nearly £6,000.00, further reducing her borrowing.
  • As soon as she had agreed not to take any of her husband’s pension she increased her own contributions to her employer’s retirement scheme reducing her ‘take home’ pay.
  • After a lengthy period of low interest rates and with increasing speculation that rates will rise in the near future mortgage lenders are now undergoing Stress Testing. This is where they assess a person’s ability to afford their mortgage based on higher interest rates. This all meant that her borrowing power had shrunk significantly and unfortunately my friend no longer qualified for the amount of mortgage she needed.

This has all led to a delay in the divorce being finalised and her husband still being party to their mortgage. Also, not only has her own chances of getting a mortgage been scuppered but her husband’s too.

The chance of buying himself a new home has not only been blighted by years of low self-employed income but in the eyes of mortgage lenders he is still responsible for another mortgage. So despite the efforts they made to keep their divorce amicable they are at loggerheads anyway.

However, all this could have been avoided had she obtained a Mortgage Capacity Report at the outset of her divorce.

  • Her financial circumstances could have been assessed and she would have been made aware of her mortgage capacity before she agreed to anything.
  • The Mortgage Capacity Expert could have considered a number of different financial scenarios so she would have been well informed on what her borrowing ability would be based on any number of outcomes from her settlement.
  • She could also have been informed of up-to-date lending criteria and how much a new mortgage would cost.

Getting a realistic and reliable idea of capacity to mortgage from the outset is important for all parties involved in any divorce.

It may not only give you an idea of your own capacity to mortgage but also your ex-partner and could help to create a more harmonious separation. With each party knowing their mortgage limits the assessment can help illustrate what is reasonable to expect from divorce.

Demanding everything except the kitchen sink might seem like a good course of action but if all it achieves is a lengthy battle at court and a costly solicitor’s bill finding out this information from the outset could save a lot of money and a great deal of heartache.

ABOUT NATASHA

Natasha Palmer is a qualified Mortgage Advisor at Simpson Financial Services Ltd with offices in Coventry and Leamington Spa.

With over 10 years experience in Financial Services Natasha starting her career in Financial Administration. She became qualified to advise on Mortgages, Protection and General Insurance in 2008 and then spent the next 4 years advising home owners, first time buyers and small businesses on the most appropriate lending and protection solutions.

Becoming a Director of Simpson Financial Services in 2010 she then went on to win the Insurance Institute of Coventry’s Young Achiever of the year award in 2010/11.

Her career in Mortgage Capacity Assessments started over lunch with a with a local family solicitor one day who asked if she could provide mortgage capacity details for a divorcee having difficulties negotiating future housing needs with their soon to be ex. Natasha began producing Mortgage Capacity Assessments from that day on.

She can be contacted at natasha@simspsonfs.co.uk and you can check out her services on the website: mortgagecapacityassessments.co.uk.

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Financial Independence After Separation: Three Steps to a Better Future
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Financial Independence After Separation: Three Steps to a Better Future

Published on
Elspeth Kinder
Elspeth Kinder
Partner & Joint Head of Family Law
JMW Solicitors LLP

For many people, the final divorce order or financial settlement is expected to feel like the finish line. It matters, of course: the marriage has legally ended, the financial arrangements have been decided, and the immediate uncertainty may have reduced. Yet this is often the point at which a different set of questions becomes louder. Can I manage the household finances alone? What needs to change now? How do I turn the terms of my financial settlement into a life that feels secure, manageable and genuinely mine?

As a family lawyer, I help clients protect their position and reach clear, workable outcomes. As a divorce coach, I also support them with what comes next: rebuilding confidence, making decisions, and moving from simply coping to planning ahead. That continuity is important. Legal advice and coaching do different jobs, but together they can provide a more complete route towards independence.

What is financial independence?

You may have a court-approved agreement but still feel unsure about its practical effect. Perhaps you have never managed investments, pensions, tax returns or household bills. You may be moving home, returning to work, adjusting to a different income or trying to make decisions without the person who previously dealt with the finances. Even where the outcome is fair, the transition can feel daunting.

Financial independence does not mean knowing everything immediately, nor does it mean refusing help. It means understanding your position well enough to make informed choices, knowing where to obtain specialist advice and developing systems that reduce uncertainty. For some, that begins with opening online banking without anxiety. For others, it means understanding a pension share, taking control of a business interest or deciding how to use a lump sum without rushing.

Step One: Implementing your order

A final divorce order ends the marriage, but it does not by itself resolve financial claims. Any agreement about property, pensions, lump sums, or maintenance should be recorded in a court-approved financial order. If you are uncertain whether this has been done, or whether every part of an existing order has been implemented, seek advice before assuming matters are closed.

Check the dates and actions within the order. Is a property transfer complete? Should maintenance payments be varied? Keep the sealed order, final divorce order and key correspondence together. If circumstances change, or the other person does not comply, take advice promptly rather than allowing problems to accumulate.

Step two: Turning your settlement into everyday life

Once you’re confident your settlement is properly recorded, prepare a clear snapshot of your new financial life. Record income, essential spending, debts, savings, pensions and insurance. Use these figures to build a realistic monthly budget rather than one based on an ideal month. Include annual costs such as car insurance, school expenses, holidays and home repairs. A separate contingency fund built gradually if necessary, can make unexpected costs feel less destabilising.

Next, review any practical arrangements that still reflect married life. This may include updating bank mandates, standing orders, credit cards and digital subscriptions, as well as checking who can access shared accounts or cloud storage. Where appropriate, update passwords and recovery details so that your personal and financial information remains secure.

Some financial decisions should not be made without specialist advice. Choices about how to hold or invest a lump sum, draw pension benefits, structure borrowing or deal with tax can have significant and sometimes irreversible consequences. A regulated financial adviser or wealth manager can help you understand the options, forecast future expenditure and test how different decisions may affect your income and capital over time. Taking advice at an early stage can help you avoid making rushed choices, use the settlement in a way that reflects your priorities and put in place a realistic plan for longer-term financial security. Your family lawyer can help identify when specialist financial, tax or mortgage advice is needed. 

Step three: Believe in yourself — and seek support when you need it

During divorce proceedings, there is usually a timetable and a professional team. Once the legal work ends, that structure can disappear almost overnight. Friends and family may expect you to feel relieved, while you may feel exhausted and overwhelmed by ordinary tasks. This is not a failure to move on. It is often the natural consequence of having spent months making high-stakes decisions while also managing work, children and emotional change.

Many of my clients find at this stage, coaching can be an invaluable tool. Coaching offers a confidential, forward-looking space in which to decide what matters now. It is not therapy, financial advice or a substitute for legal advice. A coach can help you break large problems into realistic steps, prepare for difficult conversations, recognise unhelpful patterns, set boundaries and remain accountable to the plans you have made. The aim is not to tell you what to do, but to help you recover confidence in your ability to decide.

Once the legal work has concluded, coaching can provide structure whilst you adjust to the practical realities of your new circumstances. This might include preparing questions for a financial adviser, setting realistic short- and longer-term goals, and developing routines for reviewing spending and progress. Coaching does not provide financial recommendations, but it can help you feel better prepared to engage with the appropriate specialists, make informed decisions and take greater ownership of your financial life.

Begin with the right next step

You do not need a perfect five-year plan. Begin by asking: what is still legally unresolved, what is causing the greatest practical pressure and what single action would give me more clarity this week? The answer might be locating your financial order, preparing a budget, booking an appointment with a financial adviser or simply creating a list of questions.

Divorce closes one legal chapter, but financial independence is built through the choices that follow. With the right legal foundations, practical systems and continuing support, the aftermath of separation can become more than an ending. It can be the point at which you begin to feel informed, capable and in control of your future.

Read more articles by Elspeth Kinder.

About Elspeth Kinder

Elspeth joined JMW Solicitors in May 2018 as a Partner and Joint Head of the Family Team. Elspeth is recognised as a leader in her field by the legal directories Legal 500 and Chambers and Partners for her experience in all aspects of the law relating to personal relationships:

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Looking Beyond the Settlement: Why Financial Planning Matters Early in Divorce

Looking Beyond the Settlement: Why Financial Planning Matters Early in Divorce

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Damion Keyworth
Damion Keyworth
Financial Advisor
Perspective Financial Group Limited

Separation and divorce are among life’s biggest transitions. Alongside the emotional challenges come important decisions about your home, your finances and your future.

Over the years, I’ve had the privilege of helping many people navigate this journey. One thing I’ve seen time and again is that the earlier financial planning becomes part of the conversation, the more confidence people have in the decisions they make.

Many people understandably begin by speaking to a family solicitor. Legal advice is essential, but financial planning can add another valuable perspective by helping answer a simple question:

“Will the decisions I make today still work for me five, ten or twenty years from now?”

Looking Beyond the Numbers

A financial settlement may appear fair on paper, but that doesn’t always mean it will provide long-term financial security.

Two people may leave a marriage with assets of a similar value yet experience very different financial futures depending on their income, housing costs, pensions, tax position, childcare responsibilities and retirement plans.

This is where financial planning can make a real difference.

Rather than focusing solely on how assets are divided, we look at how those assets will support your life in the years ahead. Using cashflow forecasting, we can model different settlement options and explore what they might mean over the long term.

For example, it’s perfectly understandable that someone may wish to remain in the family home because it offers stability during an uncertain time. However, careful planning may show that maintaining the property could place pressure on future income or retirement plans. Equally, pension arrangements that seem reasonable today may have unintended consequences later in life.

Having this insight before decisions are finalised allows people to make informed choices with greater confidence.

Working Together for Better Outcomes

In my experience, the best outcomes happen when financial planning is introduced alongside legal advice rather than after most of the important decisions have already been made.

Family solicitors play a vital role in helping clients achieve a fair legal settlement. Mortgage advisers help assess borrowing options and affordability. Divorce coaches provide invaluable emotional support throughout what is often a very difficult period.

A financial planner brings these conversations together by considering how each decision affects your long-term financial wellbeing.

It’s not about replacing the expertise of other professionals. It’s about complementing it.

Bringing the Future into Focus

One of the most valuable tools available during divorce is cashflow forecasting.

Instead of focusing only on today’s assets, it allows you to see how your finances may develop over the next five, ten or even twenty years.

It can help answer questions such as:

  • Will my income be enough?
  • Can I realistically afford to keep my home?
  • When will my pensions become available?
  • How might inflation affect my future spending?
  • Will I have enough to enjoy the retirement I want?

Sometimes the analysis provides reassurance that a proposed settlement is sustainable. On other occasions, it highlights areas that may benefit from further discussion before agreements are finalised.

Either way, it gives people greater clarity at a time when certainty can feel in short supply.

A Collaborative Approach

One aspect of my work that I particularly enjoy is working alongside other professionals who support people through separation and divorce.

I regularly attend a local networking group where family solicitors, mortgage advisers, divorce coaches and other specialists come together to share knowledge and discuss how we can improve the experience for the people we all support.

Those conversations reinforce something I strongly believe: no single professional sees the whole picture.

When advisers work collaboratively, clients benefit from clearer communication, fewer unexpected issues and advice that considers both the immediate settlement and the life that follows.

After all, divorce isn’t simply a legal process. It’s the beginning of a new financial chapter.

About Damion Keyworth

I help people make confident, well-informed financial decisions so they can live the lifestyle they want — not just when they retire, but throughout life.

My approach:
• Listen carefully to your goals and priorities
• Clarify your current financial position
• Explore the lifestyle you have today and the one you want tomorrow
• Create a clear financial plan to bridge the gap
• Review regularly so the plan keeps working as life changes

“It’s not all about the money — it’s about lifestyle. Doing the things you want to do while you’re fit and healthy enough to do them.”

Only once we’ve understood your life and goals do we consider whether financial products are needed to support the plan.

I also specialise in financial planning around separation and divorce. Having written “Financial Planning & Divorce”, I understand how complex pensions, assets, and lifestyle choices become during this time.

My aim is to work collaboratively with solicitors, mediators, and other professionals to ensure clients make informed financial decisions at every stage of the process. If this is an area where you’d like support — whether as a client or a professional partner — please feel free to connect.

I’m a Pension/Retirement Specialist with over 20 years’ experience, a member of the CII, CISI and Resolution. Backed by Perspective Financial Group — one of the UK’s leading national financial planning and wealth management firms with 36 offices and 450+ staff — I bring both local understanding and national expertise.

You only get one life. Let’s make it count.

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5 of the Most Expensive Divorce Mistakes

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Leah Hadley, AFC®, CDFA®, MAFF®
Founder and Senior Wealth Advisor of Intentional Wealth Partners and Intentional Divorce Solutions

The average cost of a divorce in the United States is between $15,000 and $20,000. High-conflict cases can exceed $100,000. With those stakes, knowing your financial priorities before settlement talks begin is essential.

While divorce rates are down, “Gray Divorce” rates are up. In fact, 36% of divorces are now in couples aged 50 or older. These are long term marriages where couples have built significant shared wealth, making the financial split more complicated.  A bad divorce has deep hidden costs that can ripple through your life long after the divorce is over. It can take years to recover in some cases, long, long after the ink has dried on your divorce decree.

All too often, I see clients make mistakes that have long term consequences. The true financial devastation of a bad divorce often lies in like the thousand little things that you don’t even see coming.

Here’s 5 Expensive Divorce Mistakes People Commonly Make:

1.   Not Understanding Tax Implications

Many people don’t understand the tax implications of divorce. Many of us are ready to pull our hair out during a normal tax season. But if you’re going through a divorce, it can get complicated.

Keep in mind:

  • Some account values represent pre-tax values and others represent after-tax values.
  • Dividing certain types of retirement accounts without a Qualified Domestic Relations Order (QDRO) can trigger additional taxes and penalties.
  • Alimony and child support are not federally tax deductible for the payer, and are not taxable income for the recipient. This varies with state income taxes.
  • You may be required to pay capital gains taxes on a house or stock sale.
  • Just changing your tax filing status to ”single” from “married filing jointly” will result in higher tax rates and lower deduction amounts.

These are not small details. They are decisions that can cost tens of thousands of dollars. All these factors need to be considered to ensure an equitable split of assets vs. just fair market value.

2.   Keeping a House They Could Barely Afford as a Couple

For many women, keeping the family home feels like the right move, especially when children are involved. Stability, familiarity, avoiding yet another upheaval. But the family home is often the single largest financial mistake after divorce that I see women make.

Here is the problem. The house comes with a mortgage, property taxes, insurance, maintenance, and utilities. All costs that were once shared. If your income cannot comfortably support all of those expenses on its own, the house becomes a financial trap, not an asset.

In addition, many women trade retirement assets for home equity during the settlement, not realizing that a dollar in a retirement account and a dollar in home equity are not worth the same thing. Retirement accounts have tax advantages and investment growth. Home equity is illiquid and fluctuates with the market.

Don’t trade away future financial security for a money trap.

3.   Focusing on Short Term Comfort Instead of Long Term Goals

This brings me to my next point. Be careful what you negotiate for that will make life easier now, but will set you back in the future. For instance, many women are willing to give up valuable assets in order to secure primary custody, or to keep the house, not fully understanding the value of what they are giving up.

Going through a divorce is also a very emotional time. I’ve seen clients who comfort themselves through retail therapy, which can lead to real financial damage. I’ve also seen clients who are so fearful of spending and investing in their career or education that they’ve eliminated support that could help them build wealth in the long run.

Try to focus on your entire financial future, not just the present.

4.   Not Truly Understanding the Value of a Pension

A pension earned during the marriage is marital property, which means it gets divided as part of the marital estate. But here is an important detail: only the marital portion counts. That is the value that built up while you were married. If your spouse had already been working and contributing to that pension for 10 years before you two got together, those early years are off the table.

There are also two ways to divide a pension in a divorce. The deferred distribution method splits the monthly payments when they actually come in during retirement. The immediate offset method means one spouse buys the other out using assets or cash at the time of the divorce.

Each approach has trade-offs, and the right choice depends on your full financial picture. This is exactly where getting the right advice makes a real difference.

5.   Assuming You Can Always Make More Money

As a final word of warning, don’t always assume you can make more money back if you give up valuable assets in a divorce. I’ve seen clients negotiate away retirement benefits and assets to get what they want in a divorce. Many of them assume that they have another 10-15 years to earn back money to use in retirement.

This way of thinking doesn’t take into account that life is unpredictable. We just don’t know when the bottom will fall out. You never know when an accident could result in a disability, or you could unexpectedly lose your job. After 50, it’s harder to find a job and in fact 24% of those laid off after 50 never find full time employment again at the same level.

Keep your long term financial goals in mind during a divorce and don’t trade them away without considering the worst case future scenarios. Prepare for the worse and hope for the best.

About Leah Handley

Leah Hadley, AFC®, CDFA®, MAFF®, is the Founder and Senior Wealth Advisor of Intentional Wealth Partners and Intentional Divorce Solutions

Leah Hadley, AFC®, CDFA®, MAFF®, is the Founder and Senior Wealth Advisor of Intentional Wealth Partners and Intentional Divorce Solutions. With nearly 20 years of experience in financial services, she specialises in helping women navigate divorce and major life transitions with clarity and confidence. Drawing from both professional expertise and her own lived experience, Leah is known for her compassionate, judgment-free approach to financial empowerment. Her new book, Intentional Money, is a practical guide designed to help women take control of their finances and build lasting independence. 

Connect with Leah
Instagram: @watchherthrive
LinkedIn: @leahahadley
YouTube: @watchherthrive

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