Divorce lawyers could increase the value of a matrimonial pot by challenging an ‘unfair’ credit agreement, says David Bowden
None of the five facts under the Matrimonial Causes Act 1973 (MCA) on which a party can rely when petitioning for divorce expressly mentions money.
However, problems with managing money often lie at the heart of relationship breakdown and underpin an unreasonable behaviour petition.
Where one party has overspent or borrowed heavily, there may not be much if anything left for the court to divide up when making a financial order or property adjustment order.
In 2006, the courts were granted powers to reopen most types of consumer lending transaction.
Surprisingly, given their wide scope we have seen little use made of these powers by the family courts. So what does this means in the divorce context; and how could a ...