Debts built up during the marriage are usually treated as part of the overall pot, whoever's name they are in.
The key distinction
- Between you: a court order can say who is responsible for a debt.
- With the lender: a joint account stays joint, and the lender can pursue either of you regardless of the order.
Practical steps
- Close or freeze joint credit facilities early to stop new borrowing.
- Get a credit report each so nothing is missed.
- Where possible, clear or transfer joint debt as part of the settlement rather than promising to pay later.
- Add an indemnity clause so you can recover from the other if they default.
This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.