Consent Order

[DonutD]

We're just starting the divorce process after I found out that my husband has run up thousands in credit card/loan debt and has hidden this from me. All debt is in his name, so fine there. I personally have around £10,000 in savings.

We don't have any children, and own a house together with a mortgage. We've agreed that once the house is sold we will split any equity 50/50 and then we would each just walk away with what we have.

As we're both in agreement I was looking to do the divorce online myself, without involving a solicitor. I was looking to sort a Financial Consent Order to make our agreement legally binding, but this is where I'm confused. I've seen that the court will only agree to it if they deem it fair. From things I've read they may decide that our agreement isn't fair as he has debt as an outgoing, and I have savings.
Does anyone have any experience of this sort of thing? Surely I can't be penalised for him being financially reckless.

I think as you’re married, any assets, equity, savings and also debt is joint as a starting point. But that’s not to say that a court will rule the split of everything 50/50. It needs to be fair for the circumstances. Eg. I got a bigger share of the house (so I bought my ex out) because I had DC living with me. We did go through solicitors who argued the my case about DC and my own circumstances. So although they do “what’s fair”, that’s not necessarily a straight 50/50.
I think they’re more concerned about one party walking away without anything and having nothing to fund them having a roof over their head for example.
Id see a solicitor about the financial side if I were you, as I found this the most complicated part. You need a “clean break” and take into consideration things like pensions etc. if you go through a solicitor, they can make sure all bases are covered.

Thanks for your response. The thing is, we're not planning for the court to decide on the split of finances, we'd be looking to do the consent order where we say what we have agreed between us. I'm wondering how often the courts just go with what we've agreed, or if they are likely to say it isn't a fair split.

As long as you can probe the debt/loan didn’t benefit you both it will be disregarded. TBH I went to court and the judge said totally disregarded my XH debt in the settlement and I earn significantly more than him.

You’ll be fine OP

Thank you so much for your replies. This is all new to me and wasn't on the cards. I feel blindsided and don't want to be responsible for what he's done.

Even if you do it yourself, my understanding is that the court sense check and rubber stamp it so to speak? You don’t physically attend but they do finalise it

That's my concern, are they likely to then say it's not a fair split, even though we have both agreed to it.

I think a lot depends on what he spent the money on. If it was a new kitchen for the house/joint holidays/food/car that benefited you both etc, then it would seem unfair for him to take all the debt (even if you had no idea at the time that credit was being used - you’ve benefitted).

If he spent it on solo holidays, other women, gambling, stupid hobby etc, then arguably it is his debt alone.

In either case, this will only be a discussion if you’re both able to adequately house your selves with your “50/50 and keep your own savings/debt” plan. If the debt means he can’t house himself, then the total pot incl savings and debt is likely to be included in the 50/50 (even if that leaves you both unable to house yourselves!).