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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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Debt in marriage!!

  • cavalino
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31 Mar 09 #103652 by cavalino
Topic started by cavalino
does any one know if debts accrued during marriage are joint?

  • Young again
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31 Mar 09 #103685 by Young again
Reply from Young again
Hi Cavalino,

In anything other than a short marriage debts would generally be deemed to be joint.

Some debts may be argued to be the responsibility of one party, eg funding a lavish lifestyle while separated.

Would you like to give more information?

YA

  • Active8
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03 Apr 09 #104429 by Active8
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Small question, big answers! You need to give a more specific example.

In short: any obligation you incur with a bank, credit card co, loan, etc, is yours. If you take it out in joint names, its joint. If in her name, hers.
Being married does not make you liable to lenders etc for each other's debts unless they were taken out jointly.
If one of you is so in debt that they are made bankrupt, the other one doesn't have to pay their debts. You are individuals: the old law about spouses being responsible for the other's finances went out a LONG time ago.

BUT if you get divorced, a divorce court may take each other's debts into account in deciding how to split up the money. For example, if you took out a £5,000 loan for double glazing on the jointly owned house, the court would probably treat it as a joint debt even tho it is in your name.
If you'd taken a loan to pay for an expensive holiday for yourself alone, they'd probably treat it as your debt.

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09 Oct 15 #467846 by Mofunda
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would something like joint debt apply to a family car, which I purchased on finance to travel for my new job. I also took out a loan for a kitchen refurbishment in my sole name.

If I were to prove that the majority of my credit card debts were family spending, such as food and holidays, would that proportion be classed as joint debt?

Thank you

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