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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Advice please

4 replies

stbxw2023 · 08/05/2023 11:57

Hello, I'm hoping someone can weigh in on my soon to be divorce dilemma and help me focus my thoughts. Background is I have been married for 20 years and things have very quickly gone badly wrong in my marriage. I believe there is another woman in the picture and my DH and I have stopped communicating. We do not live together (complicated reason) but were very committed to each other until very recently. I was married before and left my previous husband for my current one. This has always weighed heavily on me and I guess I am guilty of expecting too much of my current DH to justify leaving my previous husband.

Anyway, I am very concerned about how things will go for me for the Financial Order. I have no savings because I have basically squandered all of my money. I also have sizeable credit card debt. My DH does not know about any of this. We always paid for everything separately. We do not have a house having always rented but what I do have is a fairly chunky pension. My DH has a small inheritance and no pension at all. He has always worked and has 10 years to go before retirement age.

Does anyone have an experience at all of how the Financial Order thing will go? Does that court just look at all the assets and debts and makes a decision from there? In terms of the pension, I know my DH is legally entitled to half of it but how is this figure actually calculated? Will he be liable for any of my debts? Will my debt be looked upon unfavourably and the court will return some of my pension to him to effectively cancel it out? I have scoured the internet for some answers but it all very vague. Any pointers or advice gratefully received.

OP posts:
Doggymummar · 08/05/2023 12:00

When I was divorced debt wasn't taken into account. Thank god as my oh had remortgage our house fraudulentlynto further facilitate his alcoholism. Maybe post on the legL board if you don't want anecdotes

stbxw2023 · 08/05/2023 12:33

Blimey. That is awful. Ok, thank you for your response. I'll post on the legal board as you suggest.

OP posts:
febrezeme · 08/05/2023 20:22

Well all debt has to be declared on the forms - whether you use the D81 or the Form E. it's up to you/solicitor/mediator to argue of any of it is considered personal debt and so shouldn't be split between you

Eg my ex had a credit card which he'd run up and it was very clearly just personal spending - so not related to our home or joint lifestyle bills so he is down to pay that

I have a credit card and also a loan in my name but it was used for household spending - repairs on the house, IVF etc so that's been classed as a shared debt so he is liable for half

stbxw2023 · 08/05/2023 20:54

@febrezeme Thanks for your reply. I do not expect him to pay for any of my debt. You have explained now why I need to declare it though - in case some of it is related to the household. I dont feel good about any of this.

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