Pre marriage loan - advice please

[Zimmie]

Before I stupidly married my nearly ex husband, I paid out to cover his car loan, almost £5000. I won't go into details as it makes me cringe. Anyway I can prove that I paid off this car loan...copies of cheques paid from my bank account to his loan company....his loan account number on back in his writing.

 

During divorce proceedings he denied all knowledge of any monies being paid by me to cover his car loan. My solicitor was naff to say the least, she never forwarded the copies of the cheques I paid to his creditor, and ultimately suggested a clean break was my only way forward.

Anyway I eventually agreed to a clean break settlement, I was told by my solicitor it was that or risk him making a claim against my home..I'd bought it 12 years before I met him, and he had never paid even 1p towards it, he'd never worked since I'd known him.

 

Well what I'm asking is...as we have agreed to a clean break order, can I make a small claim against him for what he owes me from before we married? In my understanding a clean break order covers just matrimonial issues.

 

I really would appreciate some advice as the 6 years is looming.

 

Ta. x

[shywazz]

A clean break means what it reads, clean break, 4get about the silly nilly stuff, it seems you have got out of something that could have cost you rather dearly, if it gets to the stage of tit for tat, remember the house, you married him, and he could start proceeding for his share, even if he didnt pay anything into the place, as the saying goes, to love and to hold what is mine is urs, remember the vows ? I,m sure you dont want the long haul of hassle should he decide to make a claim for his share, even if he loses, it will cost you in leagal fees etc, which in turn if you havnt the money to pay such, will result in the house been sold to cover such, so take the clean break offered and move on.......

[Zimmie]

There is no silly nilly stuff or tit for tat involved. The clean break order has been endorsed by the court.

What I am trying to find out is purely whether 'clean break' covers the time of the marriage only or whether I can make a small claim for monies lent prior to the marriage.

[slick132]

Hi Zimmie,

 

Just my opinion here. I think if you started proceedings, you could fail on the following points:-

 

1) He will defend on the basis that the settlement reached takes account of everything to do with the divorce, including assets brought into the relationship by either party.

 

2) You should have included the claim you wish to make now, in the proceedings leading up to the clean Break.

 

3) If you felt your sol'r was "naff", you should have got another to argue better for you.

 

4) You may well have proof to show you paid for the car loan but, unless you have something to show he specifically agreed you were lending him this money and that he'd repay you, you would have trouble convincing a judge that he owes you this money now.

[wheresmyhairgone]

HI Slick132

 

If your still around i sent you a p.m

[Conniff]

Would have to agree with Slick. As husband/wife tend to give and share with each other, you would have great difficulty convincing anyone now that it was a loan.