debts, failed marriage and bankruptcy.

twinkerbel

I'm planning on going bankrupt early 2017. I have debts of about £65,000. This is made up of credit cards and the mortgage shortfall following my marriage breakdown. Soon to be ex stayed on the house but just decided not to pay the mortgage. Just before the separation my ex talked me into an IVA...and although not actioned as I walked away they advised me to stop paying creditors. I was a full time nursing student at the time so I was unable to keep up any payments due to living on a bursary.
Six years on and 2 Ccjs later I with the support of my new partner wanted to try and clear the debt. My ex will not sign any divorce papers until I agree to take on half the combined debts that includes his gambling debts. I took advice and was informed that with my £168 surplus each month it would take 33 years to pay off.

I've a few questions about bankruptcy...
1) I have a salary sacrifice lease car from the NHS which costs £390 a month all in. This is taken at source and is off set against my tax. I need the car for work and the kids. Any ideas if I'd be allowed to keep it?

2) I'm currently on basic hours, basic pay so no enhancements..if I did a shift or two extra per month on an ad hock basis will it be taken off me.

My plan is to go bankrupt and then serve divorce papers as I belive he would have no grounds to contest it.

TheGardener

Bump...
Just bumping up for you as you haven't had a response

-taff

Depending on how long you've been separated, he may not need to sign any papers. I'm not sure if you mean you've been spearated for 6 years or not from your post.
https://www.avvo.com/topics/refusal-to-sign-divorce-papers

As for the financial side, someone will be along soon....

TheGardener

With the car - if its a credit agreement than it is likely that the finance provider will withdraw the agreement. You are not allowed to keep a car worth more than about £1000 so you would need to look around for an older car that will last you a year or two. I know this seems a poor do but I (and several other posters) had older cars that lasted a few years.
You may not need his signature anyway - you/your solicitor will just need to prove the papers were actually served. In no way are you obliged to take on any of his debts.

The extra shifts: You will need to complete your SOA giving details of your current income, if there is no IPA payable then each additional shift/extra income would need to be declared to the OR. However, if for example you car needs expensive repairs, then you can negotiate with the OR to be allowed to keep some extra earnings to cover the costs if the car is an essential item.

sourcrates

Hi,

As said, you cannot take on someones elses debts, its just a big no no, there are so many issues, not least, data protection laws, he`s living in dreamland making stupid demands such as this.

Again, the car would probably have to go, as for informing the OR about every extra shift you do, i dont think that amount of detail is required of you, most people have variable incomes, and usually they take this into account when totting up your SOA.

The CCJ`s would be overturned on you becoming Bankrupt, and as regards the divorce five years' separation may apply.

If you have lived separately for more than five years. Your husband or wife does not need to agree to this pettition. They cannot defend this Petition but they can ask the court not to grant the final decree because of a major financial or other type of hardship.