Discover how debts are divided in a divorce. Arslan Lawyers will help you with legal support and fair agreements about debts.

When you decide to divorce, the presence of debts can make the situation extra complicated. Debts have a big impact on your daily life and can even increase the pressure on your relationship. Whether you have been playing with the idea of divorcing for a long time, or debts are a new factor, it’s important to know how to handle this situation in a fair way.

At Arslan Lawyers we understand how complex divorces with debts can be. In this article, we provide an overview of the most important things you need to consider in a divorce with debts.

Content:

1. Debts during the divorce
2. Step-by-step plan for divorce and debts
3. Making agreements about debt payment
4. Legal help with debts and divorce

1. Debts during the divorce

In a divorce, you have to make agreements with your (ex-)partner about the division and payment of debts. Whether you are dealing with payment arrears, loans, student debts, or mortgages, the division of debts needs to be clearly recorded. The type of relationship you had plays a significant role in the division of these debts.

Examples of common debts in a divorce:

• Payment arrears (e.g. at online stores like 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 type of relationship

Depending on your type of relationship, the liability for debts may differ. Are you married in community of property, with marital conditions, or cohabiting 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 were incurred 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.
• Marital conditions: You are only liable for debts if this is explicitly agreed upon in the marital conditions.

Step 2: Make an overview of the debts

It’s important to map out all debts, including monthly repayments, interest rates, and terms. This helps in dividing the financial responsibilities.

Step 3: Make agreements about the division of debts

Once the debts are clear, you can make agreements about who is going to pay which debt. This can become complex if you are jointly liable, which means that the creditor can address both partners for the entire debt. Make sure you make clear agreements and record these in writing.

3. Making agreements about debt payment

You can come to an agreement with your (ex-)partner about the division of debts. These agreements may deviate from the legal liability, but be aware that the creditor must accept these deviating agreements to be legally valid. If necessary, a mediator can help set up these agreements.

4. Legal help with debts and divorce

At Arslan Lawyers, we assist you in making clear and fair agreements about debts during the divorce. Our experienced lawyers ensure that all agreements are properly recorded and legally watertight. We guide you through the entire process and make sure you won’t face any unpleasant surprises.

If you have questions or need legal support in your divorce and debts, please contact one of our experienced lawyers. We are happy to help.