She has been separated for three years just be for the separation the couple remortgaged and paid off there credit cards and high interest borrowing. The Ex has now run all the credit cards up to there limit again and taken loans out, will this new borrowing be classed as marital debt?
As far as I know, any debt after separation is the responsibility of the person that did it. Marital debt (before separation) is the joint responsibility regardless of whomever SL name the credit card / loans are in.
This in my opinion is completely fair as it stops one person from spending what’s in the marital asset pot to satisfy their debts. Be careful though in building up any assets as they could be considered to be marital assets even after separation until the divorce is final and the financials sorted.