Liability while seperated

Hi. I am separated but not divorced yet. Legally that makes me liable for the actions of the partner (e.g partner declares bankruptcy and I am liable to clear debts). Can something be done to limit this liability.

As with all messy divorce cases, the answer is complicated.

You are jointly responsible for all existing joint lines of credit. For example, a joint credit card account. You spouse maybe able to take additional loans against joint marital asset, (such as an apartment, car, boat, or other assets.) and thus leaving less equity value in the marital asset. However, if your name is clearly listed on the title of these assets, then usually the lender will require your signature.

Your spouse cannot take out new joint lines of credit without your signature.

So you need to close all joint accounts, or at least take your name off those accounts. Gather all title documents of marital assets, and notify related record keeping authorities that these assets are contested and cannot be used as collateral for new loans until the court case is settled. (Your divorce lawyer should be able to help you.)

If your spouse declares bankruptcy now, unfortunately you will be liable for all existing lines of credit, and the creditors may take all of your joint marital assets pledged as collateral.

Thanks for that. While searching the topic I came across a post online that mentioned that while divorce takes long, you can submit a petition for "legal separation". Unfortunately nothing about this is mentioned on the gov.hk site. Does HK have a provision for legal separation?

I'd rather not speculate. You'd best hire a divorce lawyer, and get the lawyer's advice

Divorces are messy, not something you should attempt DIY.

if you hv no kids and mutually agree to separate , are willing to give a joint declaration that you both have no relationship or it has broken down irretrievably, its a lot cheaper and faster and no lawyers are needed. The divorce part is separate from financial part. In case only one person agrees and one contests but you hv no kids its still easy and can be done as a DIY .


The problem is complex when kids are involved as courts need to see what is good for them.


Unless you have overseas assets, fear of a spouse having cooked account books its quite easy in HK. May take 3 months more than normal but judges here are usually v helpful . There are many middle class people who can not afford lawyers but do not qualify for legal aid either.