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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 13954
Experience:  Senior Associate Solicitor
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I would like to find out what happens with debts in a

Customer Question

Hi I would like to find out what happens with debts in a divorce
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have only filed for divorce did not include debts/ finances in there We have no assets but my husband is now claiming to have not been aware of debts in his name
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: london
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 16 days ago.
Category: Family Law
Expert:  JimLawyer replied 16 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 16 days ago.

The court's approach would be to ask whether a) your spouse was aware of the debt, b) whether he benefited from the loan monies in any way, c) whether the debt was obtained during the marriage or not and do) whether a share of the debt should be ordered or not.
If you incurred the debt without your husband's knowledge, the court may decide that liability should be yours alone. Though there are a few factors the court will take in to account before it makes that decision. You can insist he shares liability either partly or fully if he was aware of the debt and if he benefitted from the money in any way. I am not sure if you are asking the court for a financial order on this issue yet. It would be recommended to attempt agreement with your husband regarding this issue, if possible. If not and you have evidence he benefited then you should apply to the court for a financial order so that the money side of things are also dealt with alongside the divorce.

For information on a financial order: https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

Expert:  JimLawyer replied 16 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 16 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 16 days ago.
Ok the debt was taken when we were very much married a few years ago. The payments came out of joint account. Although I was always the only handling the finances better then him...he was aware but now as it is in only his name is ***** ***** was not aware. I have done the divorce separate to finances. In an ideal world I would pay half but as he is currently not paying child maintenance nor did he contribute towards bills and rent towards the end I was left in a situation where I could not keep up with payments
Expert:  JimLawyer replied 16 days ago.

Thanks, ***** ***** have been aware of the debt in that case with the payments coming from the joint account. He would have to pay child maintenance by law. It would be understandable that you could not keep up with payments as a result so the court would take in to account that situation. I would expect the court to say he is liable for the debt, how much depends on the court's assessment of the circumstances as a whole.

Customer: replied 16 days ago.
Ok thank you.
Customer: replied 16 days ago.
Can I be liable for his debts if he doesn't pay them?
Expert:  JimLawyer replied 16 days ago.

If the debts are in his name then he is liable for those. But the court could make an order that you share liability for them if it sees fit. I don't think that would happen given the facts though.