# Debts in divorce Last updated: 2026-11-12 GUIDE • DIVORCE FINANCE SOLICITORS # Debts in divorce Debts are often given less attention than assets on divorce, but they can have just as significant an effect on a financial settlement, and on each person's finances for years afterwards. Divorce does not change who a lender can pursue for repayment, so understanding how debts are treated, and how to protect yourself, is an essential part of the process. This guide explains how the court deals with debts and the practical steps you can take. Written by Nicola Jones - Partner, Divorce and Family - Last reviewed 13th October 2026 KEY POINTS - Joint debts remain the responsibility of both spouses to the lender, whatever is agreed or ordered between you. - A debt in one spouse's sole name is usually their responsibility to the lender alone. - The court takes debts into account when dividing assets, and may treat debts run up for family purposes differently from personal or reckless spending. - The court cannot transfer a debt into one spouse's name, but it can order one spouse to pay it and protect the other. - Closing joint accounts and checking your credit file early can reduce your exposure. --- ### Who is responsible for debts after separation? This depends on whose name the debt is in. Joint debts, such as a joint mortgage, joint loan or an overdraft on a joint account, carry "joint and several liability". This means the lender can pursue either spouse for the full amount, not just half, regardless of who spent the money. That liability continues after separation and after divorce until the debt is repaid or refinanced. A debt in one spouse's sole name, such as a credit card, is generally that spouse's responsibility to the lender alone. Being married does not make you liable for your spouse's personal debts. ### How does the court treat debts in a financial settlement? Debts must be disclosed alongside assets, and the court will consider them when looking at the overall financial picture. Debts taken on for the benefit of the family, such as household expenses or home improvements, are usually treated as shared liabilities and deducted before the assets are divided, whichever spouse's name they are in. Debts run up for one spouse's own purposes, such as gambling or spending after separation, may be treated as that spouse's responsibility alone. Where one spouse has deliberately or recklessly dissipated money, the court can "add back" the amount lost and treat it as if that spouse still has it. ### Can the court transfer a debt to my spouse? No. A debt is a contract between the borrower and the lender, and the family court cannot change who the lender can pursue. However, it can allocate assets so that a debt can be repaid, order one spouse to take responsibility for paying a debt, and require them to indemnify the other. An indemnity means that if the other spouse is pursued by the lender, they can recover what they pay from the spouse who agreed to take responsibility. Where possible, it is best for joint debts to be repaid or refinanced into one name as part of the settlement. If debts are a concern in your separation, click below to speak to one of our family solicitors in confidence. ### What happens to the mortgage? A joint mortgage is usually the largest joint debt. Both spouses remain liable to the lender until it is repaid or changed, even if one has moved out. The usual options are to sell the home and repay the mortgage, for one spouse to remortgage into their sole name and buy the other out, or for the home to be transferred to one spouse with the lender's agreement. Lenders will only release a spouse from a joint mortgage if they are satisfied the remaining borrower can afford the payments alone. ### How can I protect myself from joint debts? There are several practical steps worth taking early: - **Check your credit file.** A report from one of the credit reference agencies will show debts in your name and any "financial association" with your spouse. - **Freeze or close joint accounts.** Ask your bank to require both signatures for withdrawals, or close joint credit facilities so no further borrowing can be added. - **Keep records.** Note balances at the date of separation, which can help if spending later becomes disputed. - **Remove the financial link.** Once joint debts are cleared or transferred, you can ask the credit reference agencies for a notice of disassociation, which removes your former spouse from your credit file. ### Common questions #### Do I have to go to court to get divorced? Usually not, because the divorce itself is dealt with on paper and most financial and children matters are settled without a contested hearing. Mediation, collaborative law, arbitration and solicitor negotiation can all help you reach an agreement without going to court. #### What happens to my will when I get divorced? Once the divorce is final, your former spouse is treated as having died for the purposes of your will, so any gift to them and their role as executor fall away. Until then your will stands as written, so review it as soon as you separate. #### What are the grounds for divorce? There’s only one: the marriage has broken down irretrievably. Since 6 April 2022, no one has to be blamed, and your spouse can’t contest the divorce. #### How long does a divorce take? You can apply for the conditional order after a minimum of 20 weeks, and then for the final order six weeks and a day after that, so around seven months at the earliest. It often takes longer, especially if you wait for finances to be agreed before applying for the final order. #### How much does a divorce cost? The court fee went up from £612 to £628 on 13 July 2026, and Help with Fees can reduce or remove it on a low income or qualifying benefits. Solicitor fees come on top, depending on how much help you need. #### Can we apply for a divorce together? Yes, you can make a joint application or one of you can apply alone. The court fee is the same either way.[](https://osbournepinner.com/?p=40902) #### How long do I have to be married before I can divorce? You must have been married for at least a year. You also need a connection to England and Wales, for example because one of you lives there. #### Does the divorce sort out our finances? No. The divorce ends the marriage, but you need a separate financial order, usually a consent order if you agree, to settle your finances and protect you from future claims. IN THIS GUIDE [Who is responsible for debts after separation?](#whose-name-is-on-the-deeds) [How does the court treat debts in a financial settlement?](#staying-in-the-home) [Can the court transfer a debt to my spouse?](#what-can-happen-to-the-home) [What happens to the mortgage?](#how-the-decision-is-made) [How can I protect myself from joint debts?](#the-mortgage) [Common questions](#common-questions) PART OF OUR SERVICE #### Divorce Finance Solicitors Expert advice on dividing your finances fairly when your marriage ends. [Read about the service](https://cms.rushtonfamilylaw.com/services/finances)![](https://rushtonfamilylaw.com/asset/3121/66-39-def/arrow-green.png) RELATED SERVICES [Financial settlements](https://cms.rushtonfamilylaw.com/services/finances/financial-settlements) [Spousal maintenance](https://cms.rushtonfamilylaw.com/services/finances/spousal-maintenance) [Child maintenance](https://cms.rushtonfamilylaw.com/services/child-maintenance) [Enforcing, changing and challenging child arrangement orders](https://cms.rushtonfamilylaw.com/services/enforcing-changing-and-challenging-orders) [Financial support during a divorce](https://cms.rushtonfamilylaw.com/services/financial-support-during-your-divorce) RELATED GUIDES [The family home](https://cms.rushtonfamilylaw.com/guide/the-family-home) [Businesses](https://cms.rushtonfamilylaw.com/guide/businesses) [Salary, bonuses, and shares](https://cms.rushtonfamilylaw.com/guide/salary-bonuses-and-shares) [Pensions](https://cms.rushtonfamilylaw.com/guide/pensions) [Inheritance and gifts](https://cms.rushtonfamilylaw.com/guide/inheritance-and-gifts) [Financial disclosure](https://cms.rushtonfamilylaw.com/guide/financial-disclosure) [Consent orders and clean breaks](https://cms.rushtonfamilylaw.com/guide/consent-orders-and-clean-breaks) [Money from parents and family](https://cms.rushtonfamilylaw.com/guide/money-from-parents-and-family) [The financial court process](https://cms.rushtonfamilylaw.com/guide/the-financial-court-process) [Tax in divorce](https://cms.rushtonfamilylaw.com/guide/tax-in-divorce) [How the court decides a financial settlement](https://cms.rushtonfamilylaw.com/guide/how-the-court-decides-a-financial-settlement) [Mesher orders](https://cms.rushtonfamilylaw.com/guide/mesher-order) [Hidden assets](https://cms.rushtonfamilylaw.com/guide/hidden-assets) ### How we work An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team. Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which. A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there. **Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.** [Book a consultation](#callback)