Divorce settlement after bankruptcy

A woman has today won her battle to keep the proceeds of the sale of her matrimonial home, which she was awarded as part of the divorce settlement, after half of it was taken away when her husband declared himself bankrupt.

Wendy Haines, 43, has battled with bankruptcy trustees in order to win the right to keep the proceeds generated by the sale of the detached five-bedroom farmhouse near Stourport-on-Severn in Worcestershire that she was awarded by a judge as part of the break-up.

Family Law Expert

Family law expert Kevin Harris-James from National law firm Irwin Mitchell believes that the verdict, which found in Mrs Haines favour, will have massive implications for orders made in divorce courts.

Kevin Commented: "I applaud the decision of the High Court. Parties to divorce need certainty in outcome. It cannot be right that post settlement, a party's subsequent bankruptcy can warrant the Trustee recovering marital assets and essentially undermining the whole premise of the divorce settlement.

"Indeed the risk of abuse by the disgruntled spouse is considerable using bankruptcy as a means to thwart a divorce settlement."

Mrs Haines, whose divorce was two years ago, had owned a garage business with her husband in Kidderminster.