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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.

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No assets to split - will I pay maintenance?

  • wiltems
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  • New Member
24 May 07 #386 by wiltems
Topic started by wiltems
This is my first time on here so please be gentle!

I'm preparing to commence divorce proceedings against husband on the grounds of unreasonable behaviour. I'm planning to do a DIY divorce because having had some free legal advice I don't really need solicitors as there isn't anything to fight over.

We did not own a house nor have any assets save an old car bought before we separated in March 2006 worth about £200 which he has kept.

We both have debts partially incurred during the marriage although mine are substantially higher.

I am concerned I might have to pay maintenance becuase I am pretty sure I am currently earning a few thousand more per year than him. I earn £16500, I estimate he earns about £14000 although I'm not sure. The marriage will be 4 years old in July.

Do I stand to pay the evil git any maintenance? I hope not because he certainly doesn't deserve any & I am technically the injured party!

  • wikivorce team
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25 May 07 #391 by wikivorce team
Reply from wikivorce team
Are there any kids involved? You dont mention any so I will assume not (if there are it changes things)

If there are no kids then there is clearly no child maintenance due.

The difference in your earnings is very small and certainly not enough to require one party to pay spousal maintenance to the other. So no spousal maintenance either.

No assets (ignore car at 200 quid not worth arguing over).

Not sure what you been by injured party (he left you or he cheated on you is guess) - but in any case this is irrelevant.

So the only thing to share out is the debts :(

Still a small bit of good news for you there.

Any debts you occurred during the marriage are joint debts - so even if more debt is in your name - you are jointly liable - so you should on this basis get him to pay off half the debt.

Debts before marriage are a bit different, they remain yours although over the course of a long marriage they gradually become joint. In your case I would accept debts before marriage to remain yours (or his if they were his), but try to get him to agree to be responsible for half the marital debts.

In practice this may be hard/expensive to do - if debts just a few thousand probably forget it - if they are tens of thousands it may be worth pursuing (perhaps try through mediation first).

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