I have split with my wife and she wants to opt out of the IVA.

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Finley.t

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Post by Finley.t » Mon Jul 20, 2015 11:21 pm
I have split with my wife and she wants to opt out of the IVA, can she do that? Will mine automatically fail? Thank you
 
 

Adam Davies

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Post by Adam Davies » Tue Jul 21, 2015 5:24 am
Hi and welcome

You will actually both have an IVA so there is no reason why you can't continue. Chat with your Insolvency Practitioner and fill out a fresh income and expenditure form based on just yourself

Regards
Andam Davies
 
 

Foggy

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Post by Foggy » Tue Jul 21, 2015 8:33 am
If they are interlocking the IP can separate them and each can go their own way. If you have joint debts and your wife allows her IVA to end, she will be chased for those debts even though they are in your IVA too.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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Post by Michael Peoples » Tue Jul 21, 2015 9:23 am
Severing the IVAs is the best way to deal with this type of problem and each party can then decide how they want to proceed. If there is a property you could offer to sell it and close down the IVAs and if there is no surplus left now creditors may accept what has been paid to date as full and final settlement.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Lisa Thomas

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Post by Lisa Thomas » Tue Jul 21, 2015 12:00 pm
She can do that but it may not be the best option for her, especially as she will be back at square one again with the possibility of Bankruptcy (depending on circumstances). This could mean 3 years of contributions so she could be worse off than if she had continued with her IVA. Best to speak to your IP.
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
 
 

Lisa Thomas

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Post by Lisa Thomas » Tue Jul 21, 2015 3:24 pm
Finley - an afterthought - if you have a property this could cause you issues if she goes Bankrupt and there is equity in it...
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
 
 

lifenoteasy

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Post by lifenoteasy » Wed Jul 22, 2015 8:03 am
In a split what is best for the kids and money becomes an issue.

If you have kids work out between you what is best to allow you both to maintain and protect them.
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.
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