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will I have to pay maintenance to ex?

4 replies

NicknameTaken · 03/12/2009 12:29

Ex has rejected the Deed of Separation my solicitor drafted which sought a "clean break". His solicitor is drafting a deed which will be a better deal for him, he says.

Now, I know you can't tell me what's in there, but how likely is it that I'll have tto pay him maintenance? Child maintenance iisn't an issue - I have residence, but she sspends a lot of time with him, and I hhaven't sought maintenance. I know he's broke.

We were married for 17 months. I earn more than double what he does (still not huge though - I get about £32,000 gross). No joint assets or debts. He has run up huge credit card bills in his own name since I left (to go to a refuge due to his behaviour - not sure iif this makes a difference).

I'm really worried about getting landed with hhis debts. He is struggling financially, but at least some of that is due to his own poor choices. I already paid off most of the ccredit card debt he brought to the marriage.

It feels hideously unfair if I have to keep supporting him financially.

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OldLadyKnowsNothing · 03/12/2009 23:25

After a mere 17 months of marriage, and with you having residency and the credit card bills having been run up after you left, I can't see that he'd have any call on you for maintenance.

And if he can reject your suggestions, surely you can reject his?

But I'm not a lawyer, sorry.

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FluffyForLifeNotJustForXmas · 03/12/2009 23:30

I'm not a lawyer but have a law degree, they will look at the length of the marriage, what you both brought into it, whether he gave up work etc to enable you to work, this sort of thing. I've not known a case where an ex has had to pay debts incurred after the breakdown of a marriage, this is spending on himself rather then the family if you see what I mean. You were not responsible for this unless it was spending on a joint credit card/joint loan.

A solicitor can advise you better though.

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Leslaki · 03/12/2009 23:53

I was married for 9 years - had been together for 13 before he left - he had horrendous debts. I had to pay off one of hi loans of £12500 in lieu of him getting any equity. he ended up with all his other debt, I got the house, I also got his pension !!! he should have taken my original far more generous option rather than fight it out in the courts for 2 years in a bid to make me and the Dc loose the house!

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NicknameTaken · 04/12/2009 08:49

Thanks for the answers. My solicitor is waiting to get the actual draft deed, so I'm trying to stop myself from speculating too much till then. I could live with giving him a lump sum (although it wouldn't be in exchange for equity or for anything really - we were renting and had no other assets) but I don't want to be stuck making monthly payments for God know how long.

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