Can he make me pay?

[CoconutGal]

Been separated a year. ExH has filed for divorce, he wants me to pay half the divorce, plus start making payments to help him pay a debt for a holiday we had early on in the marriage by making monthly payments.

We have a DD together, I haven't asked for a penny out of him & he told me he couldn't afford maintenance so I haven't bothered to go any further there. But can he make me pay the monthly payments to pay off the debt & pay half the divorce? The debt is in his name but the holiday was for us.

If the debt's in his name then he's stuck with it.
I've got £18k from my ex and I'm stuck with it...
And no, he can't make you pay for the divorce.

Also, the CMA will take your maintenance out of his pay cheque. Give them a call. It's easy.

All assets and debts from the marriage are shared and become part of the financial settlement.
The petitioner (the party that applies for the divorce) has to pay the initial court fee, but can ask the court to recover this from the other party (respondent) if they were at fault for the breakdown of the marriage (eg adultery).
Payment of child maintenance is not negotiable and is a separate matter to the divorce settlement.
Better to come to an amicable agreement between you.

The petitioner (the party that applies for the divorce) has to pay the initial court fee, but can ask the court to recover this from the other party (respondent) if they were at fault for the breakdown of the marriage (eg adultery)

Settlements take into account what is available and who needs what. If there is not enough to go round then both partners have to share the consequences. Adultery does not influence settlements at all.

Better to come to an amicable agreement between you

Good advise as if courts become involved the costs can be huge.

Good luck to OP

"Fault" does not impact the financial settlement, but can be a factor in reclaiming court fees.

He can ask the court to do it but unless you've done something particularly heinous the court won't award costs. My xh tried to claim costs but got nowhere. It's all very well to claim "fault" but in general marriage breakdown has "fault" on both sides. The court doesn't assume the petitioner is automatically telling the truth.

The petitioner pays. That's the way it is set up. If you are amicably splitting then sure pay half but if it isn't a friendly affair then I really wouldn't stump up your hard earned money unless there will be no divorce if you don't.