i am in the middle of a divorse. I am giving the house to my spouse as part of the settlement . If i go bankrupt is this taken into account. I also have to give my spouse half of my RAF pension for 7 years this equates to half of the pension worked out with the CETV Current Equivelent Transfer Value at time of separation. the amount i need to pay her is the equity in the house and my pension for 7 years. The house will be totally in her name. And the pension will be a payment as part of a divorse agreement . Also i have a car on HP which i use for work is this taken back by the creditors.
If you agree to a dicorce settlement now knowing that you are insolvent then the house settlement is likely to be overturned as being a preferential treatment of one creditor over the others.
If however the divorce was some time age when you were not insolvent then the OR would struggle to overturn it as there is now precident at the High Court regarding these matters.
Please get professional help - at the very least speak to one of the site experts for some guidance directly
i am in the middle of a divorse.
Posted - 17 March 2009 : 18:50:12
