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Loan for our wedding in my name

  • missdamaris
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04 Nov 13 #412439 by missdamaris
Topic started by missdamaris
Hi,

I am applying for a divorce after just one year of marriage because I discovered my husband was committing abhorrent criminal acts for which I had to report him to the police (he was arrested and is now on bail).

We took out a loan of £4,000 to pay for our wedding last year - the loan is in my name.

I feel he has p***ed all over our marriage and I find the idea of spending the next three years paying off a wedding that he destroyed just horrendous.

I want to know if I have grounds for applying for a lump sum order for the amount of this loan as it stood on the day of our separation. Neither of us has any significant assets as we rented our home and hadn''t planned to start saving until paying off our loan.

I''ve been looking at the information online but this situation is so unusual I can''t seem to find anything relevant. He has withdrawn all financial support and I have been left severely struggling to manage the household finances on my salary alone, so I can''t afford a solicitor.

Any advice very much appreciated.

  • Caligula
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05 Nov 13 #412509 by Caligula
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The loan is legally in your name although it is still a joint marital liability.

I guess that there are 2 ways of dealing with this.

1) Through the Ancillary Relief process as a factor in the division of all or any assets.

2) Or being a specific issue, rather than through the family court to consider the much cheaper and more practical small claims court in seeking the payment of his liability over a debt.

Regards

Phil

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