Money owed by one party to another. In financial remedy proceedings, debts must be disclosed on Form E and are treated as liabilities that reduce the net assets available to divide. The court distinguishes between genuine, enforceable debts (often called 'hard' debts) and those that may be 'soft' — not truly owed, not enforceable, or not realistically going to be called in. Debts incurred for the family's benefit (the mortgage, household bills, a family car) are more likely to be treated as shared liabilities; debts incurred for one party's own purposes may stay with that party. Crucially, a debt isn't accepted just because a party says it exists — it must be proven with evidence: the loan agreement, bank or credit card statements showing the borrowing and the current balance, and what the money was used for. A bare assertion of debt isn't enough; the court needs to be satisfied the liability is real, enforceable, and was incurred for the purpose claimed. Where a debt is disputed or unproven, the court can decline to treat it as a liability — or draw adverse inferences if a party is evasive about it.
In Plain English
Money that you owe to another person or a company, like a credit card or a mortgage. In a divorce, genuine debts are subtracted from your total assets to work out how much money is actually available to be shared.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Gap #32
The assumption
The other side spent money on repairs without asking me — I’ll have to pay half, won’t I?
The reality
Courts typically evaluate contributions to jointly owned properties comprehensively and may not delineate who paid for specific repairs. Informal loans from family members might be interpreted as soft loans, which could influence considerations in dividing equity.
Gap #116
The assumption
Am I liable for my spouse's hidden debt?
The reality
Marital debt and personal debt are often viewed differently. Debt incurred for one person's use during the marriage is not typically shared. Your name not being on the debt serves as a starting point in discussions, not a definitive conclusion.
Gap #328
The assumption
(Hadkinson Order / Appeals & Enforcement) If the other party hasn't fully paid a costs order, I can get their appeal stopped or struck out until they pay.
The reality
A Hadkinson order is a draconian remedy of last resort. The court must find that the non-payment is deliberate and continuing contempt by someone well able to pay if they chose to, not simply that a balance remains outstanding.
Gap #330
The assumption
(Hadkinson Order / Appeals & Enforcement) If I already have an effective way to enforce a costs order, like a third-party debt order, that supports getting extra enforcement pressure through the appeal itself.
The reality
Having an existing, effective enforcement route actually weighs against this kind of relief, since the court requires there be no other realistic and effective remedy before it will block someone's access to an appeal.
Navigating court alone?
A McKenzie Friend can help you understand terms like these in the context of your case.
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