splitting the debts

Hi All,

I want to divorce but i'm worried about the debts. Currently, i'm paying for all expenses of ex2b and children (2). On top of that, I'm paying for her credit card debts as well. We have two joints accounts, but they do not concern me much. The credit cards, however, do. I would like to know how will these be split in case of a divorce, and if I'll be responsible for her debts:

1. ex2b has not worked for 8 years
2. 5 years of those 8, i was a full-time student without income.
3. last 3 years of the 8, i've been working paying for all expenses despite not living with them and not having enough for my own needs.
4. no assets, nor capital or any wealth.
5. credit cards are in her name but i'm an additional cardholder.
6. I also have credit cards on my name
7. no joint loans or mortgages

On top of that, ex2b threaten me couple of weeks ago to go to my office to make a scene (don't understand why, as that would jeoperdise our only income). Following her threats, she proceeded to initiate a Prohibited Steps Order and a Non-moletation order against me on Legal Aid, while I don't have the money to pay a lawyer, and I'm instataneously disqualified from legal aid because of my salary.

Would appreciate your help, as I only have 1 month before my hearing, and I'm making a case by myself to represent in court on my own. I cannot avoid to feel like I'm about to cross the Red Sea, but it hasn't parted yet.

Do you own marital assets between you? House etc? How old are you both? Do you have pensions? How old are the children? Why did she initiate a prohibitive steps order? Sorry lots of questions because you didn't really give enough information for people to give you considered views and advice.

Lots of people on this site with knowledge and experience who will be happy to help if they can.

Thanks for your reply. To provide a bit more info:

1.We do not have any assets what so ever.
2.I have a pension, but as I've only been working for 3 years since I finished my studies, there's not that much in there. She doesn't have one.
3.I am 33, she's 40
4.Kids are 8 and 9
5.Order issued on false allegations of domestic violence (depsite the fact I haven't lived with them in the last three years)

Sorry to be asking more questions but ... You say you have no assets, so are you're both living in rented accommodation? Are you living with someone else? A new partner?

Were the credit card debts you mention built up while you were both living together or has she built them up since? Are the cards in your name or hers? Joint accounts are not a good idea - what if she builds up an overdraft on them?

What is the court case about? I assume they're about the domestic abuse allegations, as you say you haven't begun divorce proceedings.

I think it is best if you are not hopng for a reconciliation that you initiate divorce proceedings now - the sooner you sort out finances the better. If you remain married then she may have a claim on any assets you acquire in years to come.

If the cards are in her name and the debt is built up since you left, I don't think you are responsible for them but someone else may come along soon and know more about this. If they're in your name, cancel them!

Depending on how long you were married she may have some claim on your pension but again not sure, particularly as it would probably cost more to share out than its worth.

With children of 8 and 9 I believe your wife would be expected to get some form of employment, even if only part time, she would then qualify for tax credits etc. With this, child maintenance and possibly some spousal maintenance (depending on your income) she should be paying her own rent and utility bills, so even if you did have to pay off some of the debt you would have the money to do it.

Sorry if this isn't very focused help but not sure why you are paying so much in support so long after your separation...

Ephelia, you don't have any idea how helpful your comments have been. You also have been spot on:

1. We both lived in rented accomodations (I live with a new partner who is helping with the rent where I live. I pay the other flat's rent in full).

2. We do have two joint accounts, but both are fully o/d already.

3. Debts are all unsecured, and none of them are "joint", ie. they have been taken out individually by me and by ex2b.

One last thing, do you know of any good (and cheap) lawyers I could talk to? I live in Central London at the moment.

Thanks again.

I'm glad that was useful. I think the best lawyers are those someone recommends to you! So good idea to ask around but I can't help much because when I divorced I lived in Cambridge, so don't know London ones! Try the number at the top of this page for a free half hour's advice, they seem to be well thought of.