Debt

Not surprisingly, debt can cause numerous issues at the point of divorce or separation.

As you might expect, you will be liable for debts that are in your name only, but not for those in your partner’s name only.

Debt And Married Couples

However, for married couples, debts in one person’s name that were used for the benefit of the family may be subject to division or sharing between the spouses or civil partners.

It is generally more difficult for cohabiting couples to seek the other partner to share debts in sole names, unless there is a legal agreement between them.

This is general guidance and individual circumstances will need to be checked out with a professional.

Debt And Family Court

It is not unusual for couples to disagree about responsibility for debts and they may have to take legal action to determine liability. In these circumstances, the court will look at the debt and consider how it arose, whether the partners benefitted jointly or individually, and then decide who should bear the burden of repayment.

You will find a number of resources and guidance for dealing with debt on this hub.