Matrimonial asset share

[Changeisahead]

Okay so I have court in a few weeks for first hearing I understand you can never see or guess what courts will award but my question is on division of the matronual assets will my ex lone debt be taken out of the pot before division or out if his share? m

bump anyone know

I might be wrong but I think it comes out of the combined pot.

I suspect joint as you are liable for spouse's debt, but not an expert.

No expert but depends on a lot of things...length of marriage etc. In a long marriage all assets and debts are included. Check out MCA section 25 if you haven’t already.

Also check out what happens at a First Hearing.

Basically it’s a totally unfair arrangement. He can run up debts to his eyeballs while you save carefully then he will destroy all that and fleece you. The moral is never, ever get married. Sadly too late for us here.

To OP

The first hearing will be the FDA (First Directions Appointment). This is opportunity for both partners to list their questions about what the other has included on their Form E or anything else they consider relevant. Judge will decide what questions are relevant and list what documents both partners shall provide.

Sometimes, time permitting and if the Judge is agreeable, the FDA can move onto the FDR (Financial Dispute Resolution) which is meant to be an off the record mediation. Judge will make a recommendation as to what decision might be made at a Final Hearing. However, I think it is the norm for the FDR to be a separate hearing? FDR's are notoriously rushed and legal have posted on other thread that they are booked at 3 per hour!

Asset split will depend on a wide range of factors. Too many to list here and be wary of generalizations.

As to ex's loan coming out the pot it might depend on what the loan was for? Was it for the house, family, car, family holiday. ie for the benefit of you both. Or was it just for himself?

Good luck.