Henry Hood discusses the impact of bankruptcy issues on divorce cases
There have been two recent cases which have shed light on the impact and influence of bankruptcy issues in divorce situations.
The first is Ian Robert (Trustee and Bankruptcy of Mr Elichaoff deceased) v Sarah Jane Ducanson Woodall [2016] EWHC 538 (Ch). This involved consideration of whether a consent order was void under s 284 of the Insolvency Act 1986 (IA 1986) and (more alarmingly) whether applications for financial provision under the Mental Capacity Act 2005 (MCA 2005) vested in, and could be pursued by, the Trustee in Bankruptcy. This judgment was handed down on 15 March 2016. A week later, the second case Mr Mark Sands (as Trustee in Bankruptcy of Mr Tarlochan Singh) v Mr Tarlochan Singh & Others [2016] EWHC 636 (Ch), [2016] All ER (D) 209 (Mar) revisited (along with other matters) the issue of whether a sealed financial order and a consequential deed of trust dealing in the former matrimonial home could be set aside on the basis that it was either a transaction at an undervalue for the purposes
