header-logo header-logo

27 November 2008 / Michael Wilkinson
Issue: 7347 / Categories: Features , Divorce , Family
printer mail-detail

Insolvent divorces

Divorce, bankcruptcy...and the credit crunch. A painful combination, says Michael Wilkinson

As the property market descends, once again, into negative equity, and banks and businesses slam on their proverbial brakes and put a stop to their (previously generous) credit and loan facilities, the credit crunch looks set to hit home —and its impact is likely to affect more than merely the family purse. Married couples beware. Those finding it tough presently making ends meet, may soon be stretched beyond their limits and not only from an economic point of view.

Tales of insolvency and a break-up of the family unit are likely to become increasingly more commonplace. The consequence for the family law practitioner is that there are likely to be more than just two hungry parties looking for a slice of the family cake.

Surviving the wreck of a partner’s bankruptcy can be hard enough in itself. Managing to salvage anything from it while also divorcing the bankrupt partner, is often impossible. The sad reality is that if the husband (and it usually is the husband, not the wife) is made bankrupt before

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll