Divorcees `could have assets claimed for ex-spouse`s debt`
10/05/2007
Millions of divorcees could face having their assets taken to repay debts owed by their former spouse, a landmark high court decision has stated.
Creditors now have permission to claim property and assets which are awarded during a divorce settlement if one partner goes bankrupt.
Predictions say that as many as one in five bankruptcy cases expected to be filed this year could be affected.
Gareth Schofield, a partner at law firm Clarke Willmott, told the Telegraph: "This is a complete reversal from the widely accepted position that divorce settlements made by the matrimonial courts after a fully contested hearing are beyond reach in bankruptcy cases and cannot be overturned by a bankruptcy court.
"This decision will have a profound effect on the way clients are advised on settlement in divorce where bankruptcy is a potential issue."
In related news, recent figures from the Insolvency Service revealed that 16,482 Britons went bankrupt in the first quarter of 2007.
Carlton House, Vere Street, Salford M50 2GQ. Company registration No. 4348410. Registered in England and Wales


