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
There is no requirement to instruct a solicitor or lawyer to deal with your divorce. However a solicitor acting for your spouse cannot provide you with legal advice. A solicitor instructed by your spouse will act only in accordance with your spouse’s best interests. Any letters you receive from them should therefore remind you of your right to receive your own independent legal advice.
Where you have reached an agreement with your spouse, it is still recommended that you seek your own advice before signing any papers prepared by your spouse’s solicitors. As your solicitor we would not upset any agreement you were happy with, but we would make sure the papers prepared by your spouse’s solicitor properly deal with the terms you have agreed and that your interests are protected.
Any financial settlement you have agreed with your spouse will need to be approved by the court before it is legally binding. If you do not have your settlement approved by the court, you can both potentially still bring claims against the other in the future even after you have transferred the ownership of assets and/or paid the settlement monies agreed. As your solicitor we would provide advice to ensure the settlement was approved by the court to protect your financial position going forward.
George Green’s Specialist family and Divorce lawyers give advice regularly on divorce and the financial aspects of divorce. Our lawyers have offices based in Wolverhampton and Cradley Heath and provide assistance to clients across the West Midlands including: Stourbridge, Kidderminster, Birmingham, Dudley and Walsall.
For all new enquiries, please call 01384 410 410 or complete our online enquiry form and a member of our team will respond.
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