IVA states my spouse will have to get a job or claim benefit. Where do I stand ?

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Zippy6971

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Post by Zippy6971 » Tue Aug 09, 2016 2:03 pm
Ive accepted an iva and it states my spouse is to get a job or claim benefit i dont want my wife to know about my debt as she will leave me where do i stand
 
 

lifenoteasy

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Post by lifenoteasy » Tue Aug 09, 2016 2:07 pm
You will have to prove that she has attempted it - especially the benefits part.

If your wife is not aware of your IVA you have committed her to a course of action plus depending on which company you went with whole of household income may be taken into account to help support your IVA.

Failure to comply could result in your IVA failing.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Foggy

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Post by Foggy » Tue Aug 09, 2016 3:25 pm
I can only echo Lifenoteasy's thoughts ... does it say "GET a job" or "ATTEMPT to get a job" --- if the former, even with her knowledge, this is a very dubious clause to have inserted.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Ant3101

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Post by Ant3101 » Tue Aug 09, 2016 6:40 pm
Unfortunately they will inform your wife if you have any joint accounts/assets so it's probably better to own up I did and to say the least she was very supportive I thought I'd lose my girlfriend too but she is standing by me and helping me through this.
 
 

watzki

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Post by watzki » Tue Aug 09, 2016 7:51 pm
I would be honest with your wife 5 to 6 years is a long time to keep an iva secret from your wife.When you sign up for an iva that's just the start,there is mountains of correspondence between you and you ip,phone calls annual reviews etc etc.
It's not as simple as pay a fixed amount every month,payslips have to be in every six months.
Today 1st of December 2016 the vultures finally flew away
 
 

hubert

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Post by hubert » Tue Aug 09, 2016 10:51 pm
my wife had to get a job for my iva.

It was actually pretty easy she just got some agency work for just a few hours a week. The increased cost of fuel and lunches at work meant her tiny income was swallowed up, so it made no difference to the figures but it was employment and that ticked a box.

Shortly after iva started she quit. Never had any impact.

I just think as long as you can show shes working even a few hours a week it'll satisfy them.

Btw she knows about the iva and was all for it!
Last edited by hubert on Tue Aug 09, 2016 10:52 pm, edited 1 time in total.
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FormerlyST1100

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Post by FormerlyST1100 » Wed Aug 10, 2016 7:46 am
My IVA stated that my wife had to attempt to find a job, easier said than done around here and in the 5 year of the IVA she never did manage to find one.

She could not claim any benefits as my earnings were too high and she had not had much in the way of previous employment to claim based on previous NI contributions.

Apart from the mention on the Chairman's Report, it was only asked once on a review to confirm that she was still looking.
 
 

Lisa Thomas

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Post by Lisa Thomas » Wed Aug 10, 2016 9:18 am
Is there any reason why your wife can't get a job or sign up for benefits?
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

Zippy6971

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Post by Zippy6971 » Sun Aug 14, 2016 8:41 am
If i tell my wife and she leaves me what would happen then would i have to change mortgage as we have a joint mortgage and if shes not with me then what affect would that have on her getting a job to the iva
 
 

kallis3

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Post by kallis3 » Sun Aug 14, 2016 8:52 am
You wouldn't have to change mortgage but how would you manage to pay it on your own? She would also have to rent somewhere to live and because you have joint finances then her credit record will be impaired.

If you split up then I doubt she would have to get a job.

Would it be easier just to bite the bullet and tell her? She may well understand.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Shining

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Post by Shining » Sun Aug 14, 2016 9:19 am
Sometimes in life we need to have these difficult conversations and whilst she may initially be upset, angry and disappointed, in time it may be that she will understand and support.

I find the 'wife has to get a job clause' a little unfair, they don't know your personal circumstances. However, if you signed to agree to that I guess, it must be adhered to.

All the best, I truly hope this works out for you.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Zippy6971

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Post by Zippy6971 » Wed Aug 24, 2016 11:04 am
I told my wife and she has left me as she is sick of me getting into debt.
She's moved in to her mams and dads what kind of information would knights bridge want as proof or would a telephone call be sufficient just want everything ready for the call I'm devastating as I was told my iva wouldn't affect my wife at the beginning then they put the clause she was to get benefit or a job I wish I hadn't started the process
 
 

Michael Peoples

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Post by Michael Peoples » Wed Aug 24, 2016 11:11 am
We will not propose an IVA where there is a jointly owned property and the spouse does not know as he/she is entitled to get their own independent legal advice. In addition the spouse needs to sign the restriction so if they do not know then this cannot be done.

You need to speak with your IP and explain everything as now the whole income and expenditure is wrong. Your affordability will be deeply affected and the IVA could even fail which could potentially put the property at risk or your estranged wife could demand a sale anyway if there is any equity.

I am really sorry to hear about the break up but perhaps your marriage could be saved once your wife gets over the shock. However if not and you have maintenance for example to pay then I cannot see how your IVA can survive.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

kallis3

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Post by kallis3 » Wed Aug 24, 2016 12:57 pm
I am so sorry to hear this Zippy. Speak to Knighsbridge asap to tell them what has happened.#

Hopefully you can get your marriage back on track.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Foggy

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Post by Foggy » Wed Aug 24, 2016 1:06 pm
Sorry to hear this. Hopefully it is just a knee jerk reaction and she will think things through. Yes, I can imagine that she is sick of getting into debt, but you have now done something positive to address the problem and are trying to sort it out, once and for all. Good luck.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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