Declaring Credit Card Debt on Financial Order

Yuzo

So I am just getting my head around the D81 form and declaring debt, assets, etc.

The part that still confuses me is declaring credit card debt.

We both have cards in our own name (none joint) which were about even when we split. We have both spent on them since I think she has even paid for a holiday on her cards so I am guessing hers might be much higher than mine now. 

I am guessing we declare our current full personal credit card amounts on the form regardless? … should we not be going through statements with a fine toothcomb and removing any personal spends since the split such as holidays with new partners, food shops etc?

How would that be fair if she has been going crazy on her cards for the past 8 months and i am still liable for that?

We split 8 months ago,.. we have applied for divorce but still not final. 

AskAsk

You need to put the financial position as it is when you complete the form.  It is a bit silly that this is the case as you say the other person may have got themselves into serious debt since the split and you are responsible for their debt!

If she has accrued a lot of debt since the split then you may need to employ a solicitor to argue your case for not being responsible for the whole debt.

I think the law is wrong and the asset split should be at the date of the split, or at least at the date of the divorce application and not when you actually come round to completing the D81 form but the law allows a claim even after the divorce is complete, which is just crazy.

Hoenir

The position at the date of the separation is what matters. 

AskAsk

Hoenir said:

The position at the date of the separation is what matters. 

that is not the case as people have been known to get monies from the ex years after their divorce and the ex has done very well since they split up.  position at separation can be taken into account but this is not the automated process.  you are instructed to complete the D81 form as at the date of completion and not the date of the separation or even the date of the final divorce if you apply for the financial order after you have already been divorced, which is still possible until either party re-marries.

TBagpuss

A D81 is normally completed when you've agreed the finances and are submitting it to the court with your draft order.
You fill it in to show the actual current position, but there is space for notes, so you can add something like "H's liabilities were £xxx and W's £xxx at the date the parties separated and they agree that debt built up since that time was for their respective sole benefits"

IF you are filling in the form by way of initial brief exchange of disclosure then you can still add notes - e.g if you've reduced debt since you separated , say so. IF you think your ex's liabilities are significantly different now to what they were when you split you can ask for additional information if your ex tries to argue that all the liabilities should be split.