Debt division in divorce

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vict11

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3 June 2020
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My husband is a citizen of Australia and I am Irish, we married in Europe 5 years ago and have been separated for over 2 years. As things in life go, things didn't work out, and I am about to start our divorce proceedings.

We do not share any children or assets together, however, my husband over the years has accrued astronomical child support debt for his child from a previous marriage in Australia.

We both still live in Europe and it is where the court will take place.

Due to the lack of assets I was really hoping for a smooth process, however, now I am concerned if his debt will affect me. If anyone could advise me on this matter, it would be great.

Thank you
 

sammy01

Well-Known Member
27 September 2015
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It is gonna depend on the juristiction you're divorcing in. So assuming Northern Ireland? Then English divorce rules? I don't think you have much to worry about. In australia you can get divorced without ever doing an asset division. I reckon the Uk might be the same. The Republic of Ireland? not sure
 

Atticus

Well-Known Member
6 February 2019
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Due to the lack of assets I was really hoping for a smooth process, however, now I am concerned if his debt will affect me. If anyone could advise me on this matter, it would be great.
For divorce ONLY ..... Child support debt won't matter at all regardless of where you divorce

For property settlement/asset division .... Looks like there is nothing to divide. Short marriage anyway so that also comes into play..... If the child support debt is a debt owed to the CSA, then it's a register-able maintenance liability which can be pursued in any reciprocating jurisdiction (Ireland & England are) ...... Bottom line, It's his debt not yours (or joint) .... no court is going to unjustly disadvatage a person because the other has a CS debt over their head ... It's a personal liability
 
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