Find out how debts are divided in a divorce. Arslan Advocaten helps you with legal support and fair agreements about debts.
When you decide to divorce, the presence of debts can make the situation even more complicated. Debt has a major impact on your daily life and can even increase the strain on your relationship. Whether you have been thinking about divorce for some time or whether debt is a new factor, it is important to know how to approach this situation fairly.
AtArslan Advocatenwe understand how complex debt divorces can be. In this article we provide an overview of the most important things to take into account during a divorce with debts.
Contents:
- Debts during the divorce
- Step-by-step plan for divorce and debts
- Making agreements about the payment of debts
- Legal help with debts and divorce
1. Debts during the divorce
In the event of a divorce, you must make agreements with your (ex-)partner about the division and payment of debts. Whether you are dealing withlate payments,loans,student loans, ormortgages, the division of debts must be clearly recorded. The type of relationship you had plays an important role in the division of these debts.
Examples of common debts during a divorce:
- Payment arrears (e.g. with online stores such as Bol.com or credit cards)
- Mortgage debts
- Personal loans or credits
- Student debts
- Lease contracts
2. Step-by-step plan for divorce and debts
Step 1: Determine the form of relationship
Depending on your form of relationship, liability for debts may differ. Are you married incommunity of property, withprenuptial agreement, or are you living together with or without a contract? This determines who is responsible for the debts.
- Community of property (before 2018):You and your (ex-)partner are jointly liable for all debts, regardless of whether they arose before or during the marriage.
- Limited community of property (after 2018):Debts from before the marriage remain private, but joint debts during the marriage are shared.
- Prenuptial agreement:You are only liable for debts if this has been explicitly agreed in the prenuptial agreement.
Step 2: Make an overview of the debts
It is important to list all debts, including monthly repayments, interest rates and terms. This helps divide financial responsibilities.
Step 3: Make agreements about the division of debts
After the debts are clear, you can make agreements about who will pay which debt. This can become complex if you are jointly and severally liable, which means that the creditor can hold both partners accountable for the entire debt. Make sure you make clear agreements and record them in writing.
3. Making agreements about the payment of debts
You can reach agreements with your (ex-)partner about the division of the debts. These agreements may deviate from legal liability, but please note that the creditor must accept these deviating agreements to be legally valid. If necessary, amediatorcan help draw up these agreements.
4. Legal assistance with debts and divorce
AtArslan Advocatenwe help you make clear and fair agreements about debts during the divorce. Our experiencedlawyersensure that all agreements are properly recorded and legally watertight. We guide you through the entire process and ensure that you are not faced with any unpleasant surprises.
Do you have any questions or would you like legal support with your divorce and debts? Please contact one of our experienced lawyers. We are happy to help you.