I am having a First Direction Hearing tomorrow. My husband has gone bankrupt since these proceeedings began. He has also dissipated (hidden) all of our assets (farm stock) since the separation. Luckily the house is in my name (mine before we met). WE have two children aged 4 and 5 (who he pays nothing for even though we have been through a CSA tribunal).
In his form E he lied about his circumstances (living with new partner, income of £2.40 an hour etc etc)and disclosed nothing, and is using this bankruptcy to exonerate himself from doing so. His solicitor is requesting that we have a Clean Break as he has no assets!!However he has lied to the OR about his assets and is still under investigation (but they don''t know whether it is worth pursueing him). In the future he will get a huge inheritance and I know he has hidden some of our assets.
I have asked for several pieces of documentation to prove his dishonesty but I fear his solicior will just use the bankruptcy card.
Do I have any hope of getting the Judge to see sense?
If he is offering a Clean Break in which you get to keep the house then it might well be worth your while taking it. In normal circumstances the house would be considered a marital asset even if it has been in your name since before you married. Future inheritances don''t count as they can''t be relied on.
Yes he wants a Clean Break in that I keep the house. But the man entered the marriage under complete financial deception and has left me high and dry. The likelihood is that I will be repossessed due to his financial misconduct before, during and after the marriage. On the other hand he has dissipated out maritial assets sinse the separation but before the bankruptcy. He is also lieing to the OR about his assets and is still being investigated. On paperwork he has nothing but I know what assets he has and have provided the court with what he left the marriage with. He did not disclose any of his assets in the form E but I have asked for evidence as to what he disclosed in the bankruptcy, as I know he is withholding from the OR.
His solicitor is confident that the court will assess him as having no assets but I think they should ask for further evidence.
Come February he will walk away with a clean slate from this bankruptcy, having paid nothing (due to having no assets - ha ha). I however will be left strapped with debt and possibly lose everything.