header-logo header-logo

Divorce lawyers applaud landmark ruling

13 December 2007
Issue: 7301 / Categories: Legal News , Divorce , Family
printer mail-detail

News

Lawyers have applauded the Court of Appeal ruling that a woman’s divorce settlement can-not be used to pay off the debts of her bankrupt ex-husband.

Margaret Hatwood, an associate at Thomas Eggar LLP, says she is delighted that the appeal court has reinstated the long-held understanding among family lawyers that a decision made after a fully contested hearing could not be overturned by the trustee in bankruptcy.

The appeal court ruled in Haines v Hill and another that Wendy Haines’s £120,000 share in the matrimonial home—which she had been forced to give up after her ex-husband became insolvent—should be returned to her.

The High Court held that the divorce payout amounted to a “transaction at undervalue” and that under the Insolvency Act, s 339 this allowed the husband’s trustees in bankruptcy to ask for it back since it was made within five years before the bankruptcy.

However, Lord Justice Rix said it would be “unfortunate in the extreme” if a settlement approved in a divorce court could be undone for up to five years because the husband went bankrupt.

Hatwood says: “The implications of the decision were substantial and could have led to trustees in bankruptcy going through their filing cabinets to find other cases where orders made in the divorce proceedings could be set aside. So a wife who has received her divorce settlement following a contested hearing in the last five years could be vulnerable to attack. In short she could find she has to pay money to her husband’s creditors.”

If the appeal had been dismissed, she adds, it would have created the spectre of husbands, who were dissatisfied with the outcome of the matrimonial proceedings, deliberately going bankrupt to frustrate the awards of the matrimonial courts.
An appeal by the trustees to the House of Lords is likely, she says, but they are unlikely to succeed.

Issue: 7301 / Categories: Legal News , Divorce , Family
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll