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Bankrupt, Consent Order & Divorce
crazy79lee
Posts: 6 Forumite
If i'm in the wrong area, apologies.
So here goes:
Divorce was going through and I was duly doing everything I should, decree nisi pronounced, I make a start on my consent order (the ex had this drawn up along with a separation agreement) complete the D81 and give to the ex to fill in her bits and sign so i can take to court. She refuses, reason being she is not prepared to disclose how much she earns (has been promoted and i suspect pay is now in region of 30k). So I leave it, I am a full time student and due to graduate in July this year, so naturally have other things to think about.
So last weekend, the ex gives me a D81 partially completed by her (no income completed though) turns out the reason being, when married we had a joint debt of 12.5k. As I am now bankrupt, I have no legal obligation to pay. Now I am 99% sure that a) shes flogging a dead horse and the County Court cannot enforce me paying a debt when I am registered as bankrupt b) she is trying to amend the terms of our separation agreement and not through the proper channels. The separation agreement makes no specifics as to debt to be repaid, as it was me who stupidly agreed to take all the debt on when we split (27K), obviously I can't take this on as its in joint names.
Do I just tell her to go see a sol herself, as she simply refuses to listen to what I tell her.
Advice please !
So here goes:
Divorce was going through and I was duly doing everything I should, decree nisi pronounced, I make a start on my consent order (the ex had this drawn up along with a separation agreement) complete the D81 and give to the ex to fill in her bits and sign so i can take to court. She refuses, reason being she is not prepared to disclose how much she earns (has been promoted and i suspect pay is now in region of 30k). So I leave it, I am a full time student and due to graduate in July this year, so naturally have other things to think about.
So last weekend, the ex gives me a D81 partially completed by her (no income completed though) turns out the reason being, when married we had a joint debt of 12.5k. As I am now bankrupt, I have no legal obligation to pay. Now I am 99% sure that a) shes flogging a dead horse and the County Court cannot enforce me paying a debt when I am registered as bankrupt b) she is trying to amend the terms of our separation agreement and not through the proper channels. The separation agreement makes no specifics as to debt to be repaid, as it was me who stupidly agreed to take all the debt on when we split (27K), obviously I can't take this on as its in joint names.
Do I just tell her to go see a sol herself, as she simply refuses to listen to what I tell her.
Advice please !
0
Comments
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you say you agreed to take on all debts, but did all the companys agree to this, as to me it would look dodgy, you get divorced and take on all debts then go BR, i would be going after her for all the joint debts
if you are BR then the debt people will go after her for the joint debt0 -
All debts apart from the loan i mention (12.5K) were in my name, sadly.
I know the bank will go after her. She is still trying to force me to take on the debt though via the county court, even though they do not have the power to do this.
She can't get it into her thick head :-|
We originally split in Nov 10, this has come to light as I haven't been paying it, now now they have contacted her and she has to pay £150 per mth, ouch ! Ha serves her right !0
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