As a Family lawyer usually the couples you see seeking a pre-or post-nuptial agreement are couples where there is a sharp difference in the assets (property, savings pension) each of them owns and the one who owns those assets wants to preserve those assets and not have them forming part of any matrimonial pot on divorce. The assets can be those they have personally acquired or given to them by their family. In fact, quite often there is a share in a family business that needs to be protected.
This is a common issue as many couples work out quite amicably what kind of split of the matrimonial finances they want but then worry that the court may not approve it.
If the debt was taken out in joint names then you will both be equally liable.
It’s quite common to meet new clients where they have separated or even divorced but have not got round to sorting out their matrimonial finances.
If you are thinking of going away with the children over the school holidays then you need the permission of everyone with parental responsibility.
When you’re separating it’s really essential that you and your former spouse gather together all the information there is on your joint and individual assets and liabilities.
