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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.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

demand for money

  • blackops68
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11 Dec 13 #415891 by blackops68
Topic started by blackops68
Can anyone help. I was made bankrupt in 2011 due to my divorce and discharged in 2012
today i recieved a letter from my ex wifes solicitor demanding £17724 and if i didnt pay the would take me to court to check my eligability to pay this money.
It comes from a joint loan we had but this was included in my bankruptcy along with all my other debts from the marriage .
what do i do what do i say to her solicitors how do i proceed. I certainly dont have this money and would be bankrupt again if payment was demanded.
i already pay her maintanence and have ver missed a payment help out buying cloths or school uniform for our son on top of what i pay her
could some one help me what to do thanks in advance

  • TBagpuss
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19 Dec 13 #416545 by TBagpuss
Reply from TBagpuss
Did you have a court order for a financial settlement when you were divorced? If so, what did it say?

If you did not have an order, then it would still be open to your ex wife to apply to court for a financial settlement and the court would have to decide what was fair, looking at both of your current circumstances.

The loan company cannot pursue you for the debt if it was included in the bankruptcy, but that does not change the (financial) relationship between you and your ex wife - a court could order you to pay your wife a lump sum or maintenance if they felt it was fair, in all the circumstances. The court would look at your current financial position, income, needs etc, and those of your wife.

The court won''t order you to pay a lump sum if you don''t have any capital assets, as they can only share out what assets there are.

  • blackops68
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19 Dec 13 #416559 by blackops68
Reply from blackops68
Hi and thank you for the reply. No there was no court order in place for any settlement. She just filed for divorce in the may of 2011 then the Absolute came through in the august, I showed it to my solicitor at the time and she was surprised and confirmed we were divorced and that was it. Ive never done a financial settlement as i dont have the money to do it and still dont not that ive never thought about it. Financially nothing has really changed, Im still in the same job, my bankruptcy advisor said they cant do anything about this debt as it was in my bankruptcy.
I cant pay a lump sum as i dont have anything I pay maintanece for my son £350 p/m and thats around £70 more than i should according to csa. last year my ex recievd around £80000 inheritance from her parents when the moved into sheltered housing. I found out from the buliding society that she paid £32000 off the mortgage bought a new car , completly redid the bathroom around £3000.
What could you advise i do? I havent heard back from her solicitor. Im planning on seeing my solicitor in the new year.
The only asset we have is the house my ex is living in it and paying the interest only mortgage £278 p/m When i spoke to the building society they advise they are happy to let it run as all is in order, but would question her ability to pay off the mortgage £135000 in 2028 when it finishes. I cannot financially un link from her because of this or apply for a mortgage again because of this not that i want to as i cant do anything until 2017 at the earliest as this is when the 6 years from bankruptcy finishes.
From my position at this time i csnnot see how i could pay a lump um or any sort of maintanence as this wouls send me back to were i was before i only have enough to cover bills, food and essentials as it is now.
Any advice you could futher give me or what perhaps i could do now would be great and thanks again for the help
Happy xmas

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