Divorce during bankruptcy

Family law experts have applauded the decision of the High Court to find in favour of a woman who was faced with the threat of losing the proceeds of the sale of her matrimonial home.

Martin Loxley, a Partner at Yorkshire based law firm, Irwin Mitchell believes that the verdict will have implications for orders made in divorce courts.

The High Court ruled that Wendy Haines, 43 has the right to keep the proceeds generated by the sale of the detached five-bedroom farmhouse near Stourport-on-Severn in Worcestershire which she was awarded as part of the divorce settlement, after her husband declared himself bankrupt.

Divorce during bankruptcy Lawyers

Martin 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."