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
If you are in a cohabiting relationship with another person, you will need to disclose the assets and income of the cohabitee within the financial disclosure process. The Form E has a question relating to new partners and failure to answer the question will be considered non-disclosure. Non-disclosure can then lead to the Court drawing adverse inferences at a final hearing.
The income and assets of the new partner are relevant as they may make your ‘needs’ slightly different. I.e if you share household bills with that person, your monthly expenditure will be reduced. You might even have a combined mortgage capacity enabling you to buy a bigger property which needs to be balanced against the needs of the spouse you are leaving and their own mortgage capacity to rehouse.
It is often a sensitive and difficult subject particularly if your new partner does not want to disclose their finances. However you should provide the Court with the information that you have to the best of your knowledge and belief. A summary of their financial information is all that is required in the first instance.
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.
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