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[Solved] Re negotiating ....

 
(@Happynow)
Trusted Member Registered

Hello all
Can anyone give me advice please about my situation?
I have got the decree absolute but it turned out that my solicitor has failed to realise that I mistakenly haven’t signed the declaration of truth (consent order). After going through the numbers and figures of the ex form d81 it turned out that she had failed to mention a few things during our negotiations for an agreement and now I’m planing to renegotiate.
In a nutshell : I was the main earner in the household.
We had credit cards with me as the acc holder and she having an additional card.
We made joint purchases during the marriage therefore it’s combined debt. After moved out I cancelled the additional cards but one bank messed it up and she managed to spend another 3k on it ...... The bank said since I’m the main card holder I’m responsible for the debt.
But reading online, if the debt was accumulated during the marriage it is considered as joint debt and therefore should be equally divided.
My salary went into a joint account from where all the bills were paid from
Funnily she had set up savings accounts in her name and when there was a bit of spare cash she transferred it into that account which was in her name ...
Has anyone had a similar situation and what are my chances to get a fair outcome if I pursue a fairer settlement?
Any info and/or advice is greatly appreciated

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Topic starter Posted : 23/05/2019 11:22 am
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

Unfortunately, the divorce side of things isn’t an area I know much about.

I was always under the impression that any debts in sole name were the sole responsibility of the person named, but as said, I’m no expert.

If you hadn’t signed a clean break order, I think it is possible to take it back to court, if there were assets that were hidden or misrepresented...your solicitor should be able to advise you on this.

I can’t say what your chances are, but I do know that judges don’t like being lied to or deceived.

Hopefully someone with more experience on this subject will be along to offer advice.

Best of luck

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Posted : 23/05/2019 3:32 pm
Happynow and Happynow reacted
 actd
(@actd)
Illustrious Member

I would say that you need a specialist solicitor on this, so the question then becomes how much is a solicitor likely to cost to fight this, versus what you are likely to get out of the renegotiation?

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Posted : 28/05/2019 6:35 pm
Happynow and Happynow reacted
(@Happynow)
Trusted Member Registered

Yes, I am thinking the same ...

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Topic starter Posted : 29/05/2019 11:15 am
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