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...
Family Law
This will depend very much on the circumstances of the case. You should consider taking advice regarding the level of interim support it would be appropriate to provide (if any).
If you are a high earner and have supported your spouse over the course of the marriage there is a high risk that if you cut off their financial support they will successfully apply for maintenance pending suit (a monthly sum to assist them in meeting their outgoings pending the outcome of the proceedings). You should seek advice from a local solicitor regarding the level of interim support you should provide to ensure that you do not set a precedent for high levels of support, which is then used against you in subsequent proceedings in respect of the financial aspects of the divorce.
If you do not fall into the above category then you should consider reducing the contribution that you make. It would be preferable to discuss this with your spouse before you do so or to raise it in correspondence through solicitors.
If there is a mortgage in your joint names you are jointly and severally liable for it. The mortgage provider is not interested in who pays as long as somebody does. If it isn’t paid then there will be a significant impact on both your credit ratings and there would also be the threat of the repossession of the house. You should therefore think very carefully before stopping contributing towards the mortgage.
In respect of the other outgoings you should be able to contact the providers, explain that you are no longer living there and ask for a final bill. If you do take that route it is important to give your spouse the details of who the providers are.
George Green’s Specialist Family and Divorce lawyers give advice regularly on divorce and the financial aspects of divorce. If you wish to discuss your matter please Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk at our Cradley Heath office. We represent clients from the West Midlands and beyond including Dudley, Stourbridge, Cradley Heath and Wolverhampton.
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