8. If my spouse owes me a debt, can I claim back the money in the divorce proceedings? Would it be counted as the financial resources of the parties? Would the court handle the debt case?
Debts owed by one spouse to another would be considered as a liability in the matrimonial pot. The court may take this into account when distributing assets if it does not require any detailed retrospective investigation and the evidence is clear. However, it should be noted that it is not the function of the family court to deal with substantial debt claims. However, the court has no power to order a spouse to pay off any debts owed to the other spouse in matrimonial proceedings.
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