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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll