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What are we each entitled to in our divorce settlement?

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Divorce and debt question

  • cavalino
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13 Feb 16 #474132 by cavalino
Topic started by cavalino
Asking this for a friend, she has a lot of debt due to her soon to be ex husband about £40k.This being a loan taken out for him to start his business and credit cards,
He admits the debt and even sent a spread sheet with all he owes in admission to it.She obtained the loan and credit for him due to him not having a good credit score. The question is when they are divorced has he no legal obligation to pay any of it, and effectively he is divorcing what he owes as well.
He seems eager to start divorce the more she asks for the money to be paid.
Should she maybe take him to court or a statutory demand for payment before agreeing to a divorce.?
Many thanks

  • LittleMrMike
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13 Feb 16 #474148 by LittleMrMike
Reply from LittleMrMike
For what it is worth, in my opinion the Court cannot absolve him from the debt.

Nevertheless, the fact that he owes this money reflects on his financial position and it may well have an effect on the distribution of other assets.

LMM

  • WYSPECIAL
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13 Feb 16 #474150 by WYSPECIAL
Reply from WYSPECIAL
Is the debt in her name or his?

  • cavalino
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15 Feb 16 #474246 by cavalino
Reply from cavalino
It is her name.

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