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What are we each entitled to in our divorce settlement?

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Bankruptcy

  • stephenb
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08 Aug 16 #482247 by stephenb
Topic started by stephenb
A court ( in Wales) has judged against me in a divorce seltment a very large amount that I just can't pay , I don't have any asserts ( nothing at all) is it possible for me to go bankrupt, I also live outside the uk can the order still be Inforced.
Many thanks .

  • LittleMrMike
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08 Aug 16 #482251 by LittleMrMike
Reply from LittleMrMike
First reaction is that no Court can order you to pay money that you do not have.

There must be something wrong here, if what you say is true.

Is it possible that the Court only heard your (ex) wife's side of the story and made a decision on incomplete facts ?

LMM

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08 Aug 16 #482253 by stephenb
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Yes it's true , I don't have anything but will receive a very small penision from when I an 55 depending on the stock markets but I have to pay 55k by the 19 th of this month and iam not 55 for over 12 months yet and I earn very little from work may be 2k this year if I am lucky.

  • Bubblegum11
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08 Aug 16 #482254 by Bubblegum11
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I don't think money owed from a court order (that pre-dates bankruptcy) can be written off in bankruptcy.
It's worth reading this...
www.citizensadvice.org.uk/debt-and-money...t-bankruptcy-covers/

  • rubytuesday
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08 Aug 16 #482255 by rubytuesday
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It's very difficult to advise anyone on an order without seeing the exact wording in the order.

does the order state where this sum of money is to come from, ie is it a pension share or a share of a jointly owned property?

  • hadenoughnow
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08 Aug 16 #482256 by hadenoughnow
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I have had a look back through your previous posts. You mention a property as well as a private pension that has been moved offshore. You have also asked about whether these assets are protected from the UK courts.

From the posts I can see that you have been urged to take legal advice because of the complexity of the case. Did you do that?

I don't think we have ever had any figures but I can only assume that the judge awarded a greater share of available assets because your pension has been moved out of jurisdiction. It may be that the judge was persuaded that you are "hiding" other assets abroad.

If you really think you have been transparent in your disclosure and the order is in some way erroneous. I guess you could appeal. Alternatively you could take legal advice about the possibly of applying for more time to pay.

It would help if you tell us what the order says and what the judge had to say about it.

Hadenoughnow

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09 Aug 16 #482280 by stephenb
Reply from stephenb
Thank you for the quick answers.

In reply of the questions:

The house in Bulgaria (a company asset) was sold 16 months before the Court hearing. My ex wife was a director but she maintained that the house has not been sold even if I proved that it had.

My ex wife was not happy with the price so the judge agreed to count a price between my price and hers. I had with me on the hearing an official legal statement for the price but the judge said that it is not in the bundle and if it was it would be accepted.

I moved my pension to a QROPS scheme in Malta before divorce proceeding begun which was within my rights and not unlegal in any way.

I have no other assets at all. I have no hidden assets at all anywhere. What I have since found out is that my ex-wife with her boyfriend has bought a house in Bulgaria which was not declared before the final hearing.

Here is the text of the Order:

Before Deputy District xXXXX sitting at the Family Court at XXXX
UPON hearing Counsel for the Applicant Wife and from the Respondent Husband in person;
AND UPON hearing evidence from the Wife and the Husband;
AND UPON the Wife providing the Court with a statement in compliance with FPR r 7.32(3) and the
Court being satisfied that is is appropriate for the Court to issue a Decree Absolute;
AND UPON both Parties undertaking not to issue proceeding under the Married Women’s Property Act
1882
IT IS ORDERED
1. The Husband shall pay to the Wife a lump sum of £54,000 by or before 4.00 p.m. 19th August 2016. In
default of payment of the whole or part of the said sum interest shall accrue at the judgment debt rate
from the 19th August 2016 until payment is made;
2. All further claims which each Party has against the other for capital transfer, lump sum payment,
periodical payments, pension sharing or property transfer do stand dismissed;
3. The Wife shall collect the items set out in the schedule annexed hereto from the former matrimonial
home by 4.00 p.m. 19th August 2016. The remainder of the contents of the former matrimonial home
shall belong to the Husband absolutely;
4. Neither Party shall be entitled to make a claim upon the death of the other the Court considering it
just so to order under the provisions of Section 15 of the Inheritance (Provision for Family and
Dependants) Act 1975;

5. The Husband shall pay the sum of £2,000 as a contribution to the Wife’s costs by 4.00 p.m. 19th August
2016

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