A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


IVA unpaid.

  • Sparky32
  • Sparky32's Avatar Posted by
  • New Member
  • New Member
More
15 Feb 17 #488908 by Sparky32
Topic started by Sparky32
Hello folks,
I'm now divorced which cost a lot in solicitors fees,time & heartache, to cut a long story shorter my ex dragged it out after landing herself in 29k of debt,hid it all from me and the kids! We went to court where she attempted to say the debt was all mine(even tho she'd put it in her name!).She removed all property from the house(whilst I was away), managed to get the equity from the house and a lump sum from my pension in the divorce.
My question is, if she owed 29k to the iva shouldn't she have payed that to the IVA company on receiving the settlement? Can I legally give them proof (court settlement docs)? And would it make a difference as she's going to use it for a deposit on a 4 bed with new partner.
Thanks in advance.
M.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
15 Feb 17 #488909 by hadenoughnow
Reply from hadenoughnow
Welcome to wikivorce. Is the IVA in joint names or just her name?

If it is her name alone then surely this is her problem?

Does she have the children with her or do you? What ages are they? I am not sure of the position re IVA but I know lump sums paid on divorce don't affect benefits if they are used within a certain time to buy a home. If the children are under 18, providing a place for them to live or at least stay would be seen as a priority.

After a long drawn out divorce, what would you gain by taking the kind of action you describe? Surely it is time to look forward and not prolong the (probably justifiable) bitterness and anger that you feel.

Hadenoughnow

  • Sparky32
  • Sparky32's Avatar Posted by
  • New Member
  • New Member
More
15 Feb 17 #488911 by Sparky32
Reply from Sparky32
Hi and thanks for the reply
The Iva was in her sole name as I knew nothing of the debt until divorce proceedings, £14k was benefit fraud as apparently I'd not been living in my own home for nearly 4 years ! So that hopefully gives you a heads up to the kind of person were dealing with!
I have my kids (10/14yo) 50/50 and their mother already has a home with them. I'm left with a small pension and a house that's now worth nothing and will have to sell and downsize.
So to answer, yes I'm trying to look forward but she owes that money and it should be paid back regardless imo.
M

  • Bubblegum11
  • Bubblegum11's Avatar
  • Moderator
  • Moderator
More
15 Feb 17 #488914 by Bubblegum11
Reply from Bubblegum11
Firstly, you can not disclose information discovered in financial proceedings to a third party without the permission of the court.

Secondly, did you get a Clean Break? Is the mortgage/FMH now in your sole name?

If so, the ex's debts - which are in her sole name can have no impact on you. Yes indeed she should pay it back, but that is no longer your concern.

You need to focus on yourself and meeting your housing needs within the means you have.

  • Sparky32
  • Sparky32's Avatar Posted by
  • New Member
  • New Member
More
15 Feb 17 #488915 by Sparky32
Reply from Sparky32
Thank you that answered my question.

Yes I made sure I had a Clean Break order and yes the house is in my sole name but I'm unable to keep up the increased payments for long hence the need to sell.

Your both right I need to focus on my current situation and move on, I just don't like being called a lier and made out to be a theif by my ex when throughout this nightmare I've done nothing wrong.
Regards
M.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11