Divorce & Debt

S1984

Not sure where to ask this but guessing people may know on here

I will be going through a divorce soon following an extended separation

Now we have hit the period separated I wanted to know with regards to finances and debts what is the procedure. We have no joint assets or financial links

My debts at my own and something I am working to resolve without others knowing. Will the extent of them have to come out in a divorce even though they are mine

[Deleted User]

I don't know for sure but I would have thought that only debts in common would be involved in the divorce.

Karonher

Sorry to post "I don't know" but one thought is regarding a settlement if there is to be one. Are you male or female and are there any children? If you are working and the other person is a SAHM there could be the expectation of payments that you cant meet.

sourcrates

There are a lot of variables you don’t cover in your post.

My divorce was amicable, no joint debts, two years seperation, signed the paperwork, made own arrangement over the kids, was rubber stamped in no time.

If the debts are just yours, it’s nothing to do with the divorce court unless you are arguing about money, then obviously you need to budget correctly with regard to any settlement.

Normally your debts are nothing to do with the divorce.

Tom99

[FONT=Verdana, sans-serif]Are you applying for a Financial Order as part of the divorce so that you can have a clean break? If you don't have a clean break Financial Order my understanding is that either party can apply for one in the future.

[/FONT] [FONT=Verdana, sans-serif]If you are applying for a Financial Order then you each declare in detail all your assets and debts. [/FONT]

S1984

No house
No kids
No joint assets
No joint debts
Separated 2 years

I have researched and I know I need to apply for the clean break to ensure neither can go back down the line

I have debt .... People don't know about and essentially I don't want to disclose personal debt on divorce forms if possible

We are looking for the easiest divorse possible now as have waited two years living apart to do this

Tom99

[FONT=Verdana, sans-serif]If you want a clean break with no future comeback then I think you need a Financial Order and will have to declare all assets/debts/pensions etc.

[/FONT] [FONT=Verdana, sans-serif]If you are both agreed you will walk away with just what you each have, then you could just omit the debt from your application form since you are not trying to get a better deal by being untruthful.

[/FONT] [FONT=Verdana, sans-serif]However if you have £100k assets and £100k debts, but don't admit to the debt, the Judge may think the division of assets is unfair and more should go to your ex. Your ex might also think the same.
[/FONT]

S1984

Sourcrates - did you feel need to apply for a clean break for future?

Essentially a clean break now would read ...
No house, no wish to go after a pension, no joy my debts, no assets, no kids

We don't have anything now together

I just want to do this the most simple and least instrusive way as my personal debt is my own and something I don't want her to know

sourcrates

S1984 wrote: »

Sourcrates - did you feel need to apply for a clean break for future?

Essentially a clean break now would read ...
No house, no wish to go after a pension, no joy my debts, no assets, no kids

We don't have anything now together

I just want to do this the most simple and least instrusive way as my personal debt is my own and something I don't want her to know

Yes i did.

Simply fill the forms in online from the .Gov website, make sure you fill them in correctly, (ring the divorce courts at Doncaster if unsure) you don't need to divulge anything about money or finances if its an amicable separation, you can make arrangements over assets, money etc yourself.

Decree nisi takes a few weeks to process, 6 weeks later you can apply for decree absolute.

Mine cost £34 as was on low wage at the time, but i see there quoting a fee of £550.00 now, but you can claim remission on the fee if on benefits or low wage.

https://www.gov.uk/divorce/file-for-divorce

S1984

Your are a wealth of knowledge!!!!

Thanks again for simple advice!!!!