Does bankruptcy affect divorce proceedings?

[hellybelly]

My partner is filing for BR and is also going through the last stages of his divorce.

He owes his solicitor £200 already and by the time its finalised it will no doubt be more.

Will his solicitor have to know about the BR and if she does, will it affect the divorce?

[hellybelly]

Oops got another question. Does my partner have to be on the electoral roll, will the court check it when he files his BR/ hes only lived here a few months and we've never got round to putting him on it.

[go_4_broke]

Hi helly

I don't think the elctoral roll thing will make a jot of difference.

Once BR is declared I imagine the solicitor becomes just another of the creditors.

What's fairly certain then is that as soon as they get wind of it they will stop work immediately, so you might want to get it all squared away before this happens !

-Best



'5 years sticking my head into the Lion's mouth of debt !'

[hellybelly]

EEEk!!!

He's been at it for over 12 months, heaven help us if it stops now!!

He has told his solicitor he has financial problems so she is aware.

Surely at such a late stage of divorce they cant just stop it now?

[go_4_broke]

Oh, I wouldn't put it past them.

But it's nothing you can't get around fairly easily, if a bit sneakily.

I think in another post you mentioned partner was paying into the DMP. So don't pay the DMP and use the money to get squared up with the solicitor, possibly even give them a bit extra. Then just keep quiet about it.

Then at the point of Bankruptcy the solicitors are no longer a creditor and need not be mentioned on the BR form, and so will not be informed of the BR !

After that partner will have to pay them from whatevers left - possibly with some assistance from yourself.

I don't know what the OR's official view on allowing expenses for an ongoing case like that would be, perhaps one of the other posters could answer.

-Best

'5 years sticking my head into the Lion's mouth of debt !'

[gizmo]

Are there any financial matters which need to be reolved within the divorce proceedings between your partner and his ex wife? Is so, his solicitor should be told about the Bankruptcy. If your partner owes money to his solicitor and tells them of the bankruptcy they are unlikely to continue to act for him if they do not believe they will be paid for the work. Any costs still owing to the solicitor at the time of BR will go into the list of unsecured creditors if the solicitor makes a claim for those costs to the OR. BR will not stop the divorce process itself - even if the solicitor stops acting your partner will be able to continue the process himself which is v straightforward if it is just about a divorce (the court staff will help him with this). If however, there are financial matters to be resolved the solicitor should be told as this will impact upon any settlement agreed within the divorce.