Debt and Legal costs

Hi,

I need some good advice, I am divorced but am going through financial remedy proceedings, ive just had my FDR last month and have FH scheduled for late July. I am now LiP, although I had been previously represented but had to stop that as I could no longer afford it.

At FDR the otherside basically asked for 100%, there''s not that much equity. They wanted me to sell my house to pay off all her debt, she''s quite heavily indebted and spends more than she has by a good margin. They also wanted joint lives.

Her solicitor really seems to only concerned with racking up his bill which she owes him some 30k and I fear after FH this could be more like 50k. Her other debts on loans and credit cards amount to another 30k.

The judge at FDR indicated that we need to negotiate a debt reduction plan for her, and whilst he was hesitant he said failing this a property would have to be sold and as the kids don''t live with me that would be mine.

My biggest problem is that is exactly what the other side wants, she seems to be to ignorant that these costs could affect her.

Her solicitor really seems to be playing her. I say that as this has gone on for 3 years, they haven''t tried to settle or attend mediation or do anything but drag this onto FH. The judge seems stuck as he can''t ignore the debt, I''m stuck as I can''t get them to participate... I need some help on what to do

Yes, a pretty nasty position.

When dealing with a ''client'' ( I don''t normally refer to people I advise as clients, bu there it is ) who has a debt problem, the first thing I would request is a list of the client''s debts - all of them.

The next thing I would do is consider who is liable for them.

It does not necessarily follow that husbands and wives are automatically liable for each other ''s debts. The client will be liable if he ordered the
goods/services , either singly or jointly with someone else.

When considering marital debts, it is reasonable to ask whether one spouse should be made liable for the reckless expenditure of the other.

A court does have power to re-allocate debts between spouses, but this is likely to happen only in some cases. If the husband has been stingy and
Leaves the wife short of money, and the wife has to hit the credit card to
put food on the table, the mean hubby is likely to be forced to pick up the
tab.

If expenditure has been incurred to pay bills which benefit only one spouse ( eg if I take out a loan to buy a piano my wife can''t play ) the responsibility is likely to be mine.

So your wife''s expenditure must be tested against this yardstick.

Any debts incurred for the common weal could be allocated between the parties. But the normal rule in matrimonial finance is that both parties bear their own costs. You should not have to pay your ex''s legal bills.

Your problem is that the Court is obliged by statute to prioritise the housing needs of the children. But equally the Court must consider your needs too. You must argue as forcefully as you can that your wife has been financially reckless and you should not be expected to be responsible for the consequences of her squander mania.

LMM
,

I can easily prove it''s reckless, she has over 30k net after mortgage is paid so that easily accounts for food on the table.

So from that point of view there''s no issue, but the judge is concerned about her house being repossessed if she can''t pay her debts. That''s why I''m concerned about being hit with her debt, as the judge indicated it has to be dealt with. My question still remains how do I combat against this so I don''t lose my flat?