Unsurprisingly so, debt has many negative effects on people. Not only does it affect one’s finances and one’s physical and mental well-being, but it also lead to ruined relationships. It’s a sad reality that debt can be the cause of arguments, separation, and eventually, divorce.
Hence, if you have done everything in your power to save your marriage and still ended up separating for good, you should be aware that it’s not only your assets that will go through the bitter process, but also your debt!
Things you should and shouldn’t do to avoid debt and divorce
- Avoid using more credit while still married.The debt your partner incurs during that period is still yours, and that goes specifically for joint accounts. Although the court will try to divide all your assets and debt justly, there is a chance that you may get your share of debt you didn’t even spend.
- Pay as many debts as possible before you get divorced.Unless you want to keep seeing your ex to remind him or her that you need their payment for your joint debts,start using the debt-snowball strategy (which aims to eliminate all the smallest debts first before paying off the biggest ones) to accomplish this. The less debts you have together, the less need there is to keep contact with each other.
- Include an indemnity clause in your divorce agreement.If you’re absolutely certain that it’s time to pull the plug off the relationship, you might as well cover all loose ends. To explain what an indemnity clause is, we are going to use a certain example. If you’re already divorced to your ex-spouse, and he or she refuses or fails to pay their load of the debt, an indemnity clause gives you the right to take them back to court in order for them to provide you compensation for the particular loss or damages you suffered because of their actions. This safety net is a must for a divorce agreement, especially if you know that your soon-to-be-ex-spouse has a tendency to take payments and money for granted. Getting your divorce agreement reinforced will definitely work to your advantage!
- Change your will.Unless you want a complicated, dramatic family conflict over your assets when you die, spare everyone the drama and update your will and your insurance beneficiaries if you have any. Regularly update this with your lawyer to make sure that the right spouse – whether current or the previous one – and your children, both from previous and current marriages, wouldn’t be left out or enraged by the lack of their names in your last will of testament.
- Split the assets on your own.If you and your spouse are still on speaking terms, try splitting your assets on your own unless you want the court to do it for you. Mind that stay-at-home spouses/parents also get half of the couple’s joint property. Also, if the court assigns more property to you, there’s also a chance that you’ll also get more of your shared debt.
What do you do now after the divorce?
First of all, if you’re looking to get married again, do yourself a favor and sign an Anti-nuptial agreement (ANC) out of Community of Property. This will set the clear boundaries and financial responsibilities for you and your new spouse. It will definitely help both of you, whether or not divorce is in your future.
And finally, it’s a must to deal with your debt, but it’s essential to get rid of them before you even get hitched again! Entering a new phase in your life—whether it’s with someone new or your single-hood, being debt-free is the way to go.
There’s no better way to make sure that you’re unburdened with debt by exploring your debt relief options. For example, you can get the chance to pay your debt for a lower amount thanks to a debt review. Enter Oyisa United Debt Specialists, your dependable and trustworthy debt settlement company! It’s more than worth the try, so you best call now for your first free consultation on 079 9800 822.
If you are finding yourself in this situation and unsure as to how to proceed
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With over 11 years of specialized experience in the debt & legal field Oyisa United Debt Specialists is committed to assisting South African consumers in this regard.