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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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Debts after Divorce but before Consent Order?

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14 Jun 16 #479837 by Haha
Topic started by Haha
Hi, can anyone tell me whether debts incurred by my Ex after the divorce but before the Consent Order, should be included as part of the marital pot?

I''m thinking of the following types of debt:

- Tax & fines & related debt collection costs
- car loan
- money spent socialising etc

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14 Jun 16 #479841 by rubytuesday
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I would argue that if the marraige hasn''t benefited from those debts, and only he has benefited from them then no, they shouldn''t be part of the "pot". How much are the debts in total?

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14 Jun 16 #479843 by Haha
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I''m unsure. He''s yet to provide evidence, or an amount, but should be letting me have the credit card statements soon. I also found out by accident that he owes almost £2k to HMRC (mostly in fines), and his car is playing up, so he might go for a loan.

Thing is, he currently also has a large redundancy payout (which he doesn''t want to be part of the CO), but hasn''t paid off his debts. I wonder if that''s because he thinks the debts will come under the Consent Order?

I''m trying to work out what''s reasonable/fair to avoid court if possible, but don''t want to be taken for a mug either.

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14 Jun 16 #479844 by Haha
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Oh, just to clarify, most of his debt is post separation but pre-divorce. But there''s still some substantial debts post divorce.

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