Advice on bankruptcy and divorce settlement

holly_mcarthur

I'm not sure if I am using the right forum for my problem. I need some advice with regards to my divorce settlement and whether I need to go bankrupt or not.
When I was married to my ex-husband in 2002 we signed a contract for our son to attend a private school. In 2008 we divorced and in that settlement my ex was ordered by the judge to pay all future school fees. I found out in 2010, when my son had left the school, that he had not paid the last term. I had been contacted by the school through their solicitor that I was liable for the debt. I sent them a copy of my divorce settlement and they have responded saying that although they agree that my ex-husband should pay the costs, I am have a joint and several obligation to pay it all. If I don't they will either collect the debt via bailiffs or by filing an application for my bankruptcy.
My ex has ignored all their correspondence. I'm unaware if he is currently bankrupt or whether he plans to let this bankrupt him. He hasn't honoured any of our divorce settlement or child maintenance in the past.
I need to know if it is correct as to whether I am still liable for the debt even though He was ordered by the courts to be fully responsible for the fees.
If I am, as I don't earn a high income, I can't afford to pay back the £3048. Would it be best to go bankrupt?
If he doesn't respond to the school letters and I do, does that make me solely responsible?
I hope someone can advise me as I have only 3 days to respond to the most recent letter.
Many thanks

freddy911

Personally I think you would be best taking legal advice, but I would imagine that the court order for your husband to pay the school fees will not override the contract you have signed with the school for payment of the fee's hence you will still be liable if your husband does not pay.

Without knowing your personal circumstances and other debts its impossible to say, but bankruptcy over a £3k debt seems very drastic.

Have you taken advice from CCCS or CAB?

IF

Hi Holly and Welcome to the Bankruptcy (BR) Board. First step is to make a list of all your creditors, debts and assets. Secondly and most important is contact one of the following debt charities. Please try these they don't charge and are impartial. They will go through all your options with you and if they suggest bankruptcy then come back to this board and we will help you all we can. Also if your not ‘clicking’ with one of the Debt charities do try another. We advise you to try at least two others for your own piece of mind. Your BR could be refused if you have not sought advice.

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If...x

NeverAgain_2

I think the debt falls to you if ex doesn't pay.

Any attempts to enforce your divorce settlement are unlikely to succeed quickly, if at all.

You say you are in work.

Were I the school, I'd be looking to get a county court judgment against you, enforced by an attachment to earnings order.

There's not a lot you can do about that, but you can appeal the amount they take from your wages.

Payroll/personnel at work would find out, so there's the embarrassment factor to consider.

debtinfo

im not a divorce expert, but from my past experience generally the court order doesent change your liability for the debt to the school, it just means that you could go after your ex for the money afterwards if he doesent pay it, But you might want a divorce lawyers expert opinion on that