Can divorce settlement be included in IVA ?

[Victoria.tv]

No idea where the sum was supposed to have come from.

At the start of the divorce my husband had £5000 in savings which during a very long divorce our finances struggled and the mortgage on the marital home bounced and we were all looking to lose our homes so it was agreed through solicitors that he could cash the savings to get everything back on track and also pay off his ex wife's three piece suite, which we did.

The ex then lied in court saying she was extremely upset to find out the savings had been used and our barrister (despite me screaming at him) never showed the judge the letter telling my husband to use it.
The ex then said she would accept £7000......husband screwed again.

We had no means of getting this money, was told to borrow it.

[RHB]

I think the best way forward is for your husband to go back to court & get the maintenance reduced if it is above his ability to pay. Otherwise, just on what you have written here, it could seem as though he's trying to avoid complying with the settlement. When you say you were all looking to lose your homes, do you now own one with your husband?

[Victoria.tv]

NOt being funny but how does it look that way? My husband has done everything the court has told him to do, signed his house over, pays the mortgage for her every month, gave her 68% of HIS pension. With regards to his savings he only used them when HER solicitor gave him permission to and now has no means of getting his hands on £7000. No we dont own our own home, how can we when we cant afford it and my husband is still attached to his ex wife's mortgage...Oh not to mention he is in an IVA, thought i mentioned that?

She gets paid all of the childrens and her mantenance every month and always will unless the court says otherwise so i dont know where you get that my husband is trying to get out of complying with the settlement?

[RHB]

I'm not saying that BUT it could be seen like that. The only way forward is for a variation on maintenance. TBH, I fail to see how come she gets more of his pension than he does unless a judge considered that he was hiding assets. Usually if you get spousal maintenance you get less in the way of capital.

[Victoria.tv]

I know we fail to see why she gets so much, everything i have read about say the same as what you just said about if you get spousal maintenance you get less capital or vice versa but in this case she got the lot.

Obviously my husband has no hidden assets or we wouldn't be in the mess we are now.

Apparently the fact that i financial situation is now so bad and we are now in an IVA isn't a good enough reason to ask for a variation, we are more concerned at the fact that her maintenance isn't a set amount and could go through the roof if the interest rates go up, then how do we pay the IVA?

[RHB]

You have been advised wrongly, spousal maintenance can be amended downwards if circumstances change.It is based both on need & ability to pay. I take it your husband is a high earner?

[Victoria.tv]

I wouldn't say high no, what would you class as high?

[RHB]

Well, as earning above the 40% tax threshold. I don't know a court in this land that would give the ruling as you have described unless he is or unless he was seen as being misleading in court about his finances. I can see that by living with you his housing needs would be considered to be met BUT courts prefer clean break settlements nowadays & maintaining his ex & children in a 5 bed house when they could downsize to a 3 bed & presumably achieve that seems odd. So I guess there must be a disparity in wages, hence the spousal maintenance.

[Victoria.tv]

My husband is only just in the 40% tax, and i mean only just.

I dont know why the court ruled like it did but the only person who lied in the divorce was his ex, on the form E she wrote loads of stuff that wasn't true, like how they enjoyed meals out and holidays abroad and that he left her half way through a house extension so the house is uninhabitable. All lies. The house was finished which is what caused all the debt and due to life being quite tight he worked lots of overtime just to pay the bills and they hadn't had any sort of holiday in years.
I think that is why the judge made such an unfair ruling, yes a clean break was what was wanted because this has left her with constant excuse to keep texting and threatening us that she's going to get more money and that she'll never stop.
She could easily downsize and due to the profit in the house would be left with virtually no mortgage to pay.
I find it upsetting that everyone treats my husband like the bad guy, as you are doing now. My husband hid nothing, he always wanted his children to be ok and would never had left her with nothing, however she didn't share that opinion when it came to the man that had looked after them for 18 years, cleared all her debts with his savings when he first met her. He fought for his marriage but it didn't work due to her drinking and he was punished for it.

[Adam Davies]

Hi Victoria
Hopefully your questions have been answered now and I wish you both luck.
Going to bring this thread to a conclusion now
Regards