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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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should he go bankrupt before or after?

  • minx
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23 Mar 08 #17490 by minx
Topic started by minx
hi

I had posted all my crap in 'introduce yourself'.

my partner is going thru a messy divorce. Lots of fights and nasty lawyers letters with threats about stopping his contact with his kids etc.

basically (and this is very basic) his X2b is after a £50k lump sum AND £200 p/week for herself on top of the agreed maintenance that he is already paying for the children.

He is not earning a great deal and pays her the correct amount of maintenance each month. the rent on our place is ridiculous so that also takes a huge chunk of our money ech month. My income is sporadic due to the fact that i am contracted and only work when called upon and only paid for the hours i work.

we have proved that there's not enough money left after bills each month to pay her even £20 a week let alone £200!!! Where on earth anyone is expected to just find £50k as a lump sum is just beyond me!

she took everything out of the marital home when she left. They sold the house and split all proceeds (which was a minuscule amount due to the fact that they remortgaged). Basically there are no assets left from the marriage except for his company pension.

He is offering her half of his pension and also offering to take on ALL of the debts accrued over the period of the marriage (£20k). Even if he only took half of the marital debts on he'd have to go bankrupt because our salaries would not cover them.

Would it be to HIS advantage to go bankrupt before the divorce is settled because this woman has been so nasty over the time and just seems to want to make him suffer unnecessarily! He's so kind and honest and would never see his kids go without (neither would I, I buy them clothes and spend time with them over their school work etc) but neither of us can cope with the stress that she's causing with threatening to ruin us!

any advice would be welcomed!

thanks
x

  • sexysadie
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23 Mar 08 #17495 by sexysadie
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I think that going bankrupt before the divorce was settled could be construed as potentially trying to avoid payment so it's probably not a sensible thing to do unless it's unavoidable. Bankruptcy is not an easy solution anyway as it can cause you all sorts of problems later. Just because your partner's ex wants a particular outcome it doesn't mean that she will get it.

Sadie

  • minx
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23 Mar 08 #17496 by minx
Reply from minx
the bankruptcy is totally unavoidable and he was advised about a year ago to go bankrupt by the council's financial advisor and has in the meantime been collecting evidence of all of the marital debts for her.

we're just at the point now that the divorce is taking so long and is likely to continue in this way because the x2b gets legal aid and she seems to enjoy draggin it out. Feels like we're delaying the inevitable and by doing this, his bankruptcy being filed for at a later date will just affects our lives and future even further as in how long we would have to wait before buying our own house etc.

Just seems like she is controlling our lives at the moment and will continue to do so because of this for years to come. Just want to get back some control for ourselves u know?

thanks for ur advice, i cant believe how helpful this site is.

x

  • LittleMrMike
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23 Mar 08 #17497 by LittleMrMike
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I recall there was a recent contribution ( last day or so )
from attiladahun, with some very sensible advice as to what to do when a potential payer is confronted by a demand which is wholly unrealistic. I'm not sufficiently well versed in how to get round this site to trace it, but as I say, it is recent, and if you consult attila's recent postings you should find it.

My initial reaction is - if you are talking in terms of bankruptcy, how can your partner possibly be faced with such a claim ? The Court cannot re-distribute assets or income he does not have. You have to be allowed enough to live on. Child support is statutory, but very often the question is whether the payer can realistically afford to pay any more.

Can I just warn you not to rush into bankruptcy. It is admittedly a legal way of dealing with the situation that arises when one's debts exceed one's assets. But there are potential problems associated with it, and you need advice.

Tnere are also alternative ways of dealing with debt,
of which bankruptcy is only one. You might find my post to sluffman today of interest in setting out the methodology of debt advice and how you can get help.
There are also other methods, notably administration orders and individual voluntary arrangements. Not all of them may apply to you, and they have their pros and cons.
I think it's important you don't panic, there is help
available.

Mike

  • minx
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23 Mar 08 #17498 by minx
Reply from minx
thanks mike, i'll have a search through!

i'm hoping that he won't have to go bankrupt as we would like to get our own home and start a family together (something his children are also very keen on too lol).

WE're just afraid that, after looking at our finances closely because of her demands and after the advice from the financial advisor, we may not even be able to afford required payments for an IVA (actually thinking about it... i'm not even sure if these are available in Scotland) lol i need to do some more research into this.

Just trying to get as much info as I can for my partner as he is so low because of all of this that he cannot bring himself to look anymore after so much let down.

Youve been a great help

Thanks

(please xcuse my appalling spelling etc...a bit emotional about it all!)

  • Fiona
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23 Mar 08 #17500 by Fiona
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Minx,

As far as the capital split is concerned I don't think it makes any difference when he goes bankrupt. The relevant date in Scotland is that of separation and as I understand what little there was your partner's wife took. From what you say periodical payments seem unlikely so that just leaves the pension to sort out.

  • minx
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23 Mar 08 #17502 by minx
Reply from minx
thanks... this is what the lawyer says too. He's desperate to get into court to put a stop to this but his hands are tied as far as us not having the funds to just come up with £500 out of the blue to get him to defend us.

We're looking into everything we can lol a few car boot sales are inevitable me thinks!

x

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