What date is used for credit card debt when applying for financial order?

[Properbobbins]

ExDH and I both had credit cards in our own names with debt on them at the point of separation. Both were from family spending but since separating I have paid mine off as the monthly repayments were quite painful, ExDH has continued to spend to fund a lifestyle with a new partner (holidays, weekends away, nights out etc) and has added an extra £10k to his card. So far splitting finances has been fairly amicable and straightforward but when we look at splitting assets and debts can I request that the debt figure specifically for the cards is taken from the point of separation? Otherwise I feel like I will in effect be penalised for paying mine off?

I have that in my agreement - my debt (in my case caused by funding a move and starting from scratch with furnishings etc) is in the D81 and his increased savings are, but we have a note that we made a 50/50 split at time of separation. We have evidence if the court disputes it.

Personal credit cards are personal debt - they are not considered a marital debt unlike say a mortgage.

If say debt was 0 for one (at time of separation) but 5k for the other due to family spending on food, utilities, family holiday etc... then you could ask for that to be included and it would be (it was for me)

I was told that whoever was named on the card had the debt unless the debt was proved to belong to the partner only, ie a boob job or a stag do.

I was an additional card holder but I still wasn't accountable for the debt. If his solicitor insists on 50/50 demand to see the statements and only accept payments that are for your benefit only, or had your full agreement at the time of buying ie kids bouncy castle hire. Stand your ground.

You are 100% wrong unfortunately. Every debt is a joint debt when it comes to divorce. Most decent people won’t force a split but they can if they want to.
OP if you’re amicable you can request that you look at figures at time of separation. I did my consent order 18 months after we separated and we used the figures as they were then. It could have gone horribly wrong but neither of us asked about the other’s current situation for the consent order.

i'm a divorce solicitor, this is mostly correct save for if the person with the debt had clearly incurred these debts on only themselves post-separation... obviously every case turns on its own facts but in OP's case i think she has a strong argument that exH should be responsible for his own debts.

@stargirl27wonderfully put! That’s what I meant re debt at separation. Thank you.

Sorry to interrupt this post but how does that work when spouse accumulates debt on a credit card (for his/her own personal luxuries) during the marriage.

For example, a spouse buys expensive sports gear/designer clothes etc surely when looking at finances these are not considered a joint debt if a credit card is solely in one spouse name and such luxuries have been for them, and them only?