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...
Although often assumed, no matter how long you and your spouse have been separated for, this does not automatically mean that you are divorced.
It is essential to follow the divorce process and apply for your Decree Nisi and then Decree Absolute. Anything before this, regardless of length of separation, does not constitute a divorce.
Ensuring that you obtain Decree Absolute is extremely important for many reasons. For example, if during separation, one party has acquired more assets such as a house or a business, these will still fall into and be considered matrimonial assets by the court. This is the case even if those new assets have been acquired with or without a new partner. Therefore without a formal divorce and a clean break consent order, an estranged spouse may still actually be entitled to those newly acquired assets.
If you wish to book in for an initial consultation on your divorce and separation, our family solicitors are based in both Wolverhampton and Cradley Heath and serve clients across the West Midlands. For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.