Divorce settlement and trust deed

sophsters

Hi, my ex and I were divorce last June and I was awarded a settlement of £41k from my ex. With everything going on i only just managed to instruct the sheriff's officers to chase the money from my ex, he's buried his head in the sand as usual and has never responded to any correspondenceduring the whole break up and divorce. So they've come back saying he's got a trust deed set up. This was set up after he was given the divorce decree and settlement but he's not included it. Where does it leave me? Can I apply to get money back or will it get written off?  Thanks for any advice. 

[Deleted User]

sophsters said:

Hi, my ex and I were divorce last June and I was awarded a settlement of £41k from my ex. With everything going on i only just managed to instruct the sheriff's officers to chase the money from my ex, he's buried his head in the sand as usual and has never responded to any correspondenceduring the whole break up and divorce. So they've come back saying he's got a trust deed set up. This was set up after he was given the divorce decree and settlement but he's not included it. Where does it leave me? Can I apply to get money back or will it get written off?  Thanks for any advice. 

Do you know what kind of Trust Deed has been set up?  Trust Deeds can be either protected or unprotected.  If you enter his details into the Register of Insolvencies and find him then it's protected.

https://roi.aib.gov.uk/roi/PublicSearches/PublicSearch

Certain debts cannot be included in a trust deed and any obligation to pay maintenance to an ex-spouse due under a court order is one such debt.  I realise that yours is a settlement rather than maintenance but it might still be ring fenced so it would be worth speaking with your solicitor about it.

https://www.nationaldebtline.org/fact-sheet-library/trust-deeds-s/

sophsters

Lover_of_Lycra said:

sophsters said:

Hi, my ex and I were divorce last June and I was awarded a settlement of £41k from my ex. With everything going on i only just managed to instruct the sheriff's officers to chase the money from my ex, he's buried his head in the sand as usual and has never responded to any correspondenceduring the whole break up and divorce. So they've come back saying he's got a trust deed set up. This was set up after he was given the divorce decree and settlement but he's not included it. Where does it leave me? Can I apply to get money back or will it get written off?  Thanks for any advice. 

Do you know what kind of Trust Deed has been set up?  Trust Deeds can be either protected or unprotected.  If you enter his details into the Register of Insolvencies and find him then it's protected.

https://roi.aib.gov.uk/roi/PublicSearches/PublicSearch

Certain debts cannot be included in a trust deed and any obligation to pay maintenance to an ex-spouse due under a court order is one such debt.  I realise that yours is a settlement rather than maintenance but it might still be ring fenced so it would be worth speaking with your solicitor about it.

https://www.nationaldebtline.org/fact-sheet-library/trust-deeds-s/

Hi, thanks for your reply. It is protected.