How are debts owed to family members dealt with in divorce proceedings?
The first question for the court to determine is whether the debts are legitimate, and this is a...
The short answer to this is no. The Court will want to know the other party is aware of the proceedings and has the opportunity to engage.
However, if they have been personally served with the paperwork and still do not engage, the Court can proceed with the divorce without any further input from the other party. They will be notified about the proceedings in the first instance though and a divorce cannot happen in secret.
If you have concerns over your safety, you would benefit from discussing with our family law solicitors the protection that a non-molestation order or protective injunction can offer you, if you fear that beginning divorce proceedings may trigger a hostile reaction from your spouse.
George Green LLP have a specialised team of expert family lawyers. If you have a family law enquiry you can contact astokes@georgegreen.co.uk or call on 01902 328 355. Our family law solicitors are based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and beyond.