question about many debts

Hi,

I''m going through divorce on friendly terms, after almost two years of living separately, and we have no children.

We have no assets, but we have lots of debts that include: bank and family loans (in both our names) credit cards (in my name) and none of us is in a position to liquidate the debt.
My ex-to-be is a pensioner and I want nothing from there.
I don''t know what is his financial situation (he''s got some bank accounts on his name only, from before we married and I''ve never known what was in there whether positive or negative) but he''s been saying he''s on benefits and couldn''t pay, so I''ve been making all the monthly repayments since we separated.

I''m worried 1-what would happen with our debts if at any time I''m not able to pay, would they be claimed from him too or just from me if he is on benefits?

2-Should I get a Clean Break Consent Order (agreeing we owe 50/50)? Can that be done? even with the family loans? and should it be done before we get the D. Absolute (we already have D Nisi? Can it be done after the D. Absolute?

3-If he would not agree to get a clean break consent order, and he would get into more debts after we divorce, would I be responsible to pay those as well if he''d fail to pay them?

4-Would I be responsible to pay any debts he may have incurred through his own bank account -I don''t really know- since we married?

Thank you for your help.

As a general rule, spouses are not liable for the debts of the other. There are a few exceptions but let''s leave those aside since they are not that common.

So you are facing divorce and there are debts.

The first thing you will have to establish which of you you is legally responsible for the debts. If for argument''s sake, a debt is incurred jointly, then both of you are liable to the lender.

If it is the sole responsibility of one spouse then that spouse is liable.

I can''t give you any definite answers because you have to go through the debts on a case by case basis.

The Court has power to redistribute debts as it has the power to redistribute assets,
but as a general rule, where the debt relates to a purpose that benefits both spouses, it is likely that both parties would be held responsible ; but where it only benefits one spouse, then the spouse who benefits should expect to be liable for the debt.

It is most unlikely that you could be responsible for debts incurred by your ex after divorce.

LMM

Thank you for your answer.
It helps a lot.

I have now another question.
If I would not manage to get the Clean Break consent order and then I re-marry someone in a good economical situation, could I be claimed to maintain my previous husband or grant him a lump sum of money?