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Question regarding divorce law

6 replies

Flutterby63 · 06/02/2020 15:52

I posted this in the Divorce section but couldn't quite get the answer I needed.

About to embark on a divorce. We've been married over 5 years and I found out soon to be ex was a gambling addict, bankrupt and then stole from employer. He's out of prison. House sold, part of the equity has gone to me, the rest to pay off his debts based on court decision. No further shared assets left.

I'm in a very good job, he isn't (possibly unemployed). He is still in huge debt which he has to pay off at some point.

We both want a clean break divorce (separated 2 yrs) but do you think a court will allow it?

I will speak to a solicitor but just want to get an understanding of what's possible and to draw up an agreement but wanted to get a sense of what might happen.

Would a judge likely agree that it is fair or could they still say I should continue paying him because I am earning far more than him (despite his debts and other issues).

OP posts:
Farahilda · 06/02/2020 15:58

What jurisdiction are you in? And do you have DC?

welshladywhois40 · 06/02/2020 17:37

Hi I had a similar situation where my ex husband was an alcoholic and out of work.

I got a clean break and both ex husband and I agreed to that as part of our settlement. The settlement was that I would only take 20% of our equity on our flat and he would have the rest to pay debts and give him a start.

We were only married 5 years and no children.

When I originally submitted the financial order the judge rejected it and wanted to know why we weren't splitting 50:50 and why my ex was getting much more than me!

So to get it approved I wrote a side letter explaining more about our situation and the judge approved it.

For me it was key that my ex had agreed to what we were doing. Although didn't stop him threatening to ask for maintenance to continue - ie before we sold our flat I was covering all bills and my rent elsewhere!

Flutterby63 · 06/02/2020 18:03

Thanks so much for this, useful to know what's possible. It sounds like a solicitor could help with all this and make sure it's clear why we've split the way we have.

@Farahilda UK and no children.

Thanks

OP posts:
Flutterby63 · 06/02/2020 18:04

Thanks so much for this, useful to know what's possible. It sounds like a solicitor could help with all this and make sure it's clear why we've split the way we have.

@Farahilda UK and no children.

Thanks

OP posts:
Flutterby63 · 06/02/2020 21:40

Thanks so much for this, useful to know what's possible. It sounds like a solicitor could help with all this and make sure it's clear why we've split the way we have.

@Farahilda UK and no children.

Thanks

OP posts:
Flutterby63 · 06/02/2020 21:40

Sorry didn't realise I'd posted three times. Blush

OP posts:
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