A common reason for debts is separation from your partner and / or divorce. The payment of maintenance and the financial outlay for two apartments often change the financial options considerably and usually not for the better.
In a civil partnership, regardless of whether you only live together or are married, financial obligations are often entered into, for example, by hire purchase. In the partnership, the financial burden of a loan or hire purchase is not a problem. But when it comes to separation, it looks very different. Suddenly you can no longer meet your financial obligations and you are already in the so-called ” debt trap “.
If one of the spouses has brought debts into the marriage, the other is not responsible for them and therefore does not have to pay for them. This also applies if one of the spouses takes out a loan alone or makes an installment purchase.
Both spouses are only jointly responsible for the financial liabilities if, for example, they have signed an installment purchase, loan or other contract or are dealing with everyday business.
As long as you are not married, you can separate your finances very well. However, the distribution should be designed in such a way that, for example, not one only pays for fixed costs, such as rent and credits, and the other finances the living (food). In the event of a separation, the partner would suddenly have a big problem with the fixed costs. He must continue to make the loans or installment purchases and also has the cost of living. In the case of divorce from a spouse, however, the situation is similar.
What you should consider if one of the spouses is in debt.
- You should have separate accounts. This means that the claim holders cannot access the assets (income) of the partner who is not to blame.
- When the bailiff comes, you should have a written agreement stating what belongs to which partner.
- New purchases should be made by the partner who is not to blame. Keep the invoice or receipt in the name of the partner who is not to blame.
If you signed a guarantee in marriage, you still guarantee after the divorce. If the ex cannot pay, the creditors will demand the money from the other.
Divorce and waiver
If there were debts in the marriage, it is often agreed during the divorce that the man repays the debt and the woman waives maintenance payments. Sounds nice. But if the ex partner does not pay back the debt, even a judicial agreement with the creditors is of no use. They can and will then assert their claims against the other partner. No matter what was agreed upon in the divorce.
Divorce and alimony
The financial difficulties in the event of a divorce often lie in the maintenance payments for the spouse or children. If the divorce is just around the corner and you want to know which maintenance claims you can face, the law table is a guideline for this.