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time scales of the \"pot\"

  • madaboutcars
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23 Dec 07 #9463 by madaboutcars
Topic started by madaboutcars
Please could someone clarify something

my x2b and i split august 2005 and she was served with divorce papers begininning of December(she claims she has not received them but solicitor is onto that one!!)

I understand that debts and assets go in the pot from the time that you became a couple, but when is the "end" date??
As we split 2 and a half years ago, and she is living with someone else and they have a baby together, are any debts that she has incurred since August 2005 treated as mine, to go in the "pot" for when we eventually get the finances sorted.
I have made a real effort to pay off my debts since we split (i.e. car loan, overdraft) but maybe I should of held out.
Any advice would be grateful

HAPPY CHRISTMAS TO YOU ALL :)

  • attilladahun
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23 Dec 07 #9465 by attilladahun
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You have to differentiate between matrimonial assets/liabilites ie the "pot"

and the parties own assets/liabilities which is relevant as to their financial position.

Generally all assets derived during the marriage in pot
In long marriage say 20 yrs all assets in pot even pre owned.

Certain type eg PI damages
Inheritance post separation NOT in pot but relevant as one's financial "resources".

Court tends to look at parties individual capital at time of hearing

Court tends to look at the level of debt at separation but will then look at whether X or Y should have supported the other as smany occsns no SM or not enough means debts accrue and if reasonably incurred will be relevant

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27 Dec 07 #9576 by madaboutcars
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I do not pay sm as wife is living with new partner. I pay child maintance (15%) to our one child. We married in Feb 02 and seperated in August 05, so short marriage.
My reason for asking was that she was never good with money and can imagine that when form E gets exchanged, that she will have alot of debts since we split and I dont want to be lumbered with them!

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28 Dec 07 #9600 by attilladahun
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Matrimonial debts will be obvious at Aug 05

Why do you think you will be saddled with her subsequent debts?

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30 Dec 07 #9712 by madaboutcars
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I dont know if you've seen any of my previous posts but basically, x2b had a affair, got caught, then stopped me seeing daughter, had to take x2b to court to see daughter and to take my daughter on hols (x2b made out that her new baby due in middle of holiday (august), lied in court, although no further action taken, baby actually due October, wont allow me to have my partner, or sister collect my daughter from school.........
the list goes on, basically she has always made life very difficult for me since the affair was found out. New boyfriend has money but doesnt like spending it, x2b likes spending it but doesnt have any!! hence the worry about getting into debt and her trying to make me pay half of it. Also during our married life we moved twice, both homes in her name, but she told me that "over her dead body" will I get any money from them!! Wouldnt that be nice:P

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