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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.


Credit Card Debt my name

  • Den123
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13 Nov 12 #366051 by Den123
Topic started by Den123
Hi
Looking for advice. My wife wants to seperate and says she will have no part of our credit card debt. It is all in my name, however is was all used to support the famaily (fodd shopping, petrol, holiday etc).

However 70% of the debt was from before we were married but all of it from when we living together raising our children.

My question is should legally in terms of the split of marriage assets and debts, we share the 70% of debt that was from the time previous to the marriage starting (as it was built up through the time we lived together raising our kids and was in support of them (which i could prove) or does only the debt accrued while actuially married count and i have to shoulder the rest myself?

  • ScotBob
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14 Nov 12 #366319 by ScotBob
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Was in the same situation and was told it doesn''t matter who''s name it is in. If that was the case then the house I''ve paid for & is solely in my name should likewise not be taken into account.

Can you prove (statements, card issuer letter, etc.) what the level of card debt was prior to the start of the relationship? If so then you could reasonably argue that the debt going into the pot should equal the card debt at separation minus card debt before the relationship started. I argued this point with my ex and she eventually conceded the point.

If not then officially I''m sure it''s only the debt accrued during the marriage which is taken into consideration. It''s a real kick in the nads I know but one of life''s crazy ironies :/

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15 Nov 12 #366386 by Den123
Reply from Den123
Thanks for the reply,

Yes i can show what debt was prior to us co-habiting or even having kids.....and what was then used for household since then and then also during the marriage.

As i say most of teh debt was raising our family together before marriage and i just want to be sure i can reasonably expect that to also be included in the total assets/debts to be split......happy to be very fair with my wife but dont think i should just automtically be expected to carry all the burden of debt for the period from before married but when living together.

thanks again, happy to hear from others who have had similar experiences or knowlkedge, struggling to process everything right now, as i am not the one asking for the split

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