The importance of paying your mortgage and other debt during divorce

The importance of paying your mortgage and other debt during divorce

During the emotional upheaval of divorce it can be easy to let things slip, but forgetting or refusing to deal with debts and liabilities can have long lasting effects and should never be ignored.

'But I’m not living in the property anymore’ I often deal with clients who have moved out of the family home and either due to ill feeling or because they simple cannot afford to, have stopped meeting the mortgage payments on the family home. Whilst this may satisfy a short term financial need, it is likely to have long term effects.

When applying for a new mortgage many lenders are only willing to accept applicants who have a clear and up-to-date credit history with no missed or late payments on any financial commitment for the previous 6-12 months. Furthermore, of the mortgage lenders who are happy to tolerate some adverse credit a maximum number of missed mortgage payments or arrears, often 3 consecutive months, are usually allowed. This means that if the applicant has missed 3 or more mortgage payments lenders may not consider them for mortgage borrowing for some time.

Arrangements to Pay or Debt Management Plans are usually offered to individuals by their mortgage lenders or other creditors following financial difficulty. Although these arrangements are great for allowing clients to continue paying their mortgage and other debts or repay any arrears at a reduced rate, it is important to understand that the vast majority of mortgage lenders have no appetite for applicants with a DMP/IVA. Anyone who has one of these arrangements in place are likely to experience great difficulty securing new mortgage lending until the agreement has ended.

Defaults, once accrued against a mortgage or other debt, are likely to render the bearer unable to secure mortgage lending for some time. Any default will need to be repaid and show as 'satisfied' on the individuals credit record before being able to apply for lending. Furthermore, a waiting time of at least 12 months from the date the default is satisfied, ensuring all credit commitments are kept up-to-date and paid on time, is likely to be in order before applying for lending. The amount of the default will also be considered and many mortgage lenders will not tolerate large default amounts.

Adverse Specialist Mortgage lenders are mortgage providers who offer lending to individuals with adverse credit such as the issues mentioned above. These lenders are likely to charge higher fees and offer higher interest rates. These lenders will not be found on the High-street.

Ensuring all debts and liabilities are paid on time should be a priority especially for those who are looking to separate. Being unable to obtain mortgage lending could stop a couple from separating financially and the repercussions of these actions should not be overlooked.

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  1. Peace of mind

    Our reports are solicitor-approved and appropriate for Family Court, so you can rest assured that we have everything under control when it comes to writing yours. We were one of the very first organisations to offer this service and have been providing Mortgage Capacity Assessments for over ten years. 

  2. Multiple options

    We offer different types of report for different stages in the divorce process and to meet your requirements. You can find out more about the different types of report available here. This enables you to choose the right option for you and your family, depending on the details of your financial separation.

  3. Speed & reliability

    Our Indicative Mortgage Capacity Assessment is generated instantly. The normal turnaround time for the completion of all other assessments is 5-10 working days. However, if your court date is imminent and you need your report urgently, there's an express service available. All of our reports are written by a qualified Mortgage Capacity expert.

  4. No hassle or hidden costs

    It's not uncommon to spend up to three hours with your bank only to be told they can’t lend or won’t lend until after your divorce. Our assessments take away the time, hassle and potential for inaccurate mortgage borrowing figures. We have fixed fees and there are no hidden costs to worry about.

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Reports & pricing

  • Indicative

    Indicative Mortgage Capacity Assessment
    (first hearing)

    £149
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    from £250
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