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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Ex husbands debts

  • help123
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22 Aug 12 #351050 by help123
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My ex husband claims he has a huge debt of over £70''000 which he incurred during the marriage of 15 years, he has stated my name isnt on any of the paperwork, yet still claims i am also liable for the debt during the time we were married.

Could someone tell me if this is remotely true, could I be liable for debts I didnt incurr?.


Thanks

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22 Aug 12 #351059 by dukey
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If it really exists it can be considered marital.

Does it exist?.

Most importantly how was it generated.

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22 Aug 12 #351072 by cookie2
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How it was generated is very relevant. If for example it is a gambling debt that he hid from you, it would be treated very differently than if he had lost his job, didn''t tell you due to embarrassment, and was spending on a credit card to keep the family housed and fed.

Even then, just because a debt is marital, does not mean it will be split 50/50. It would be taken into consideration along with all the other figures and circumstances.

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22 Aug 12 #351102 by help123
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Thank you. It wasn''t a gambling debt, he walked out of his well paid job with an idea that the business he was about to start would be his way to a quick million. He started a business (Franchise) which he knew he couldn''t afford, and kept the business going by using his credit cards, Remortgaged the family home and convinced me it was to support the family and pay off any incurred debt he already had, he was advised to stop the business and find full time employment, which he refused to do, due to his pride and stubborness. Now he claims he has all this debt due to me. I filed for divorce in 2008. I didn''t approve of the business as I could see it was hemridging money.

He chose to ignore advice i had to give at that time regarding the business, i.e it is not working, you need to give it up. I have been a full-time mom at home with our two children from birth until present, the children are aged 7 and 10 and i am currently living in the MH paying half the mortgage and bills which he wants me out of. My solicitor has asked him several times to produce his credit card statements to no avail. This is always the point where he stops the proceedidngs. Unfortunately I do not have the money to pursue this matter through court.

Can anyone help.

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22 Aug 12 #351106 by cookie2
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With 2 young kids he does not stand a cat''s chance in hell of getting you out of the marital home. Under no circumstances should you leave (unless there is a risk to your or the children''s safety of course).

What ultimately happens will very much depend on the figures:
1. The length of your marriage
2. Your respective incomes including any benefits
3. House value and outstanding mortgage amount
4. Each of your pensions CETVs
5. Any other assets such as other properties, savings, shares, cars etc
6. Any debts such as credit cards, loans, how much they are, whose name, what they were for

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22 Aug 12 #351122 by TBagpuss
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a word of caution.
A court culd order the hosue sold if they felt it was fair and reasonable and if they felt it was realistic for you to be able to rehouse elsewhere.

If the debt results in him going bankrupt then his interest in the house (assumed to be 50%) becomes the property of his trustees in bankruptcy and they could seek a sale of the house (although theywould normally give you ''1st refusal'' to buy it off them)

You are not liable to his credit card lender but the debt may be part of the over all picture so far as the divorce court is concerend. It sounds as though at least *part* of the debt was used to support the family so at least part of it is likely to be consdiered a matrimonial debt.

You could apply to curt for AR. You can talk to your solicitor about costs - you may be able to arragne that you will act in person, but keep them in the back ground so you can go back to them for specific advice when you need it (e.g get hem, to ehck your form E, rather than producing it) which can keep costs down. Have you checked to see whether you are eligable for legal aid?

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22 Aug 12 #351128 by help123
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Thank you, but unfortuately i am not entitled to legal aid at present.

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