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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.


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Bankruptcy and/or Divorce

  • DessieB
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10 Jan 14 #418489 by DessieB
Topic started by DessieB
Hi,

Asking on behalf of my partner:

He was paying his STBX money towards the mortgage and towards the children. STBX decided not to pay the mortgage. House was repossessed in May. (we tried to get help for her but she refused to attend three appointments)

There is a mortgage shortfall and this is going to mean that they have to go bankrupt.

The mortgage was in joint names so we understand that both are liable.

She moved nearly 300 miles away in July and left no forwarding address for anyone she owes money to (EON; Council Tax; Mortgage).

She has met a new man, has got engaged and is now demanding a divorce.

Do we need to get the bankruptcy sorted before the divorce?

Many thanks,

Dessie

  • LittleMrMike
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10 Jan 14 #418511 by LittleMrMike
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Dessie

The first thing is that creditors don''t always Petition for bankruptcy. If the debtor has no assets worth taking, there''s just no point.

So it is open to your partner or his x2b to petition for bankruptcy but this should never be done without a serious consideration of the potential implications. In rare cases it can affect the debtor''s employment. Speak to a specialist debt adviser.

There are alternatives to bankruptcy and they should ALWAYS be considered at the very least.

If I were your partner, and her ex jumps the broomstick, I''d send her the biggest bouquet of flowers I could afford, because she''s be making a gargantuan tactical bloomer. Re-marriage would knock out any potential claim against your partner for spousal maintenance. Let her get married first and find out afterwards. his liability to support his children is unaffected by re-marriage.

LMM

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10 Jan 14 #418531 by DessieB
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His daughter lives with us! STBX really ran away from everything!

As for spousal maintenance - we are there with the bouquet ready!

I really wanted to make sure that if they get divorced, she isnt also divorcing the debt (leaving that and everything else in our laps).

I do not imagine that an IVA will be a possibility £100K is a large debt!

We have checked his employment contract and currently being bankrupt is not a situation which will lead to his dismissal (although the OR may want his bonus - if he is awarded one). He cannot hold an Operators Licence whilst bankrupt.

My understanding is that although the debt is joint it is not possible to file jointly (and thereby reduce the fees to file for bankruptcy). We are currently looking for help with the fees.

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10 Jan 14 #418540 by LittleMrMike
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A Court has powers to direct that, as between the divorcing spouses, one or the other, or both, are responsible for debts. Generally debts incurred for the common weal will be regarded as joint.

But a Court order in the course of a divorce does not affect each spouse''s liability to the lender.

LMM

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