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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.


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Individual debts in Divorce

  • chamb7914
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24 Jun 12 #338677 by chamb7914
Topic started by chamb7914
Hello all just a quick question regarding the individual debts of myself anf the ex following our divorce (nisi granted, awaiting Absolute).

Basically my ex is claiming I pay half her debts and all of mine in addition to the finance on a car she is driving and maintenance for our daughter.

I have been told that unless I pay these debts I will have to take the ex to court just to see my daughter. Her debts are in her name and total about 9k, of which I am sure a percentage (maybe 20%) has been spent and enjoyed by me.

My debts are:
car finance - about 12k of which 3k is remaining and ex has the car and is regsiterd owner
Loan - 7k paid in full which was used mainly for the wedding
Loan - 1500 - paid in full, enjoyed by both of us
Credit card - 250pounds all my spending

all credit is in our own names and there are no assets to speak of. we didnt own a house.

Can I be made to pay her debts even though they are in her name.

Additonally, since we split she has had a lump sum of 1200 towards a sofa, 150 a month towards debts to ease her financial worries (for 6 months)and sole use of the car even though I am paying for it.

Any advice would be great

Many thanks

G

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29 Jun 12 #339842 by jonathancj
Reply from jonathancj
No, you can''t be ordered to pay her debts. At best (or worst, depending on which way you see it) you could be ordered to pay her maintenance at a rate equal to her debt repayments. However, that would depend on whether it was just to make that order. I doubt that it would be economic for her to go to court on this as the costs would be greater than the debts she wants paid off.

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