Ex won't sign divorce papers
My sister has applied for divorce on grounds husband was a druggie and abusive, she has proof of both as ex bragged to mates on Facebook about always buying drugs & smashing up house (proof printed off) however he has refused to sign divorce papers as he says she's lying- solicitor says divorce can still go ahead - unsure of how? also they had council tax debt in joint name but my sister has had to pay it all off, can she claim his half of the debt though the divorce? All other debts were only in his name so I take it she isn't liable for any of his debts?
Posted on: January 3, 2012 - 10:27pm
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Hi Tinkerbell2
A debt in joint names means they are both liable anyway. She can try to include this in the financial part of the divorce but there is no guarantee. Debts in his sole name are his responsibility and not hers.
Re the divorce going ahead, if he will not sign then her solicitor will employ a baliff of the court to "serve" these on him....in that instance it is not neccessary for him to sign them, the baliff can bear witness that he has received them. She does not have to "prove" his activities, her solicitor will have prepared an appropriate divorce petition. If he wanted to contest this, he would find real difficulty in doing so as he would have to prove the allegations were not true, it is not for your sister to prove that they ARE.