Hello, I have a question - I wonder if anyone on here may be able to help?
My spouse and I got married 11 years ago in the States and resided there for the duration of our marriage. I am now in the UK (originally from here) and planning to file for divorce from here.*We have been separated for >5 years and all assets are separate and uncontested so I would would not see the need for a legally binding agreement (everything is 100% amicable).
However, I am concerned because he is very bad with finances and I am worried that he has acquired debts that I would be liable for (California has a community property law that means all debts taken on during the marriage are considered shared). Does this mean it is necessary to get a consent order drafted by a solicitor? If we did get one drafted, would it be necessary to list all assets? I'm reluctant to do this because I have a defined benefit pension which I believe would be quite complicated/expensive to value.... I also doubt he would even know the full extent of his debts to even be able to list them.*
Would the California community property law still apply even if I am*filing for divorce from the UK?
My spouse and I got married 11 years ago in the States and resided there for the duration of our marriage. I am now in the UK (originally from here) and planning to file for divorce from here.*We have been separated for >5 years and all assets are separate and uncontested so I would would not see the need for a legally binding agreement (everything is 100% amicable).
However, I am concerned because he is very bad with finances and I am worried that he has acquired debts that I would be liable for (California has a community property law that means all debts taken on during the marriage are considered shared). Does this mean it is necessary to get a consent order drafted by a solicitor? If we did get one drafted, would it be necessary to list all assets? I'm reluctant to do this because I have a defined benefit pension which I believe would be quite complicated/expensive to value.... I also doubt he would even know the full extent of his debts to even be able to list them.*
Would the California community property law still apply even if I am*filing for divorce from the UK?