Fancy the Maldives for Christmas?

Year Published: 2012

Have you ever longed for the beach at Christmas as an escape from the cold of England? I’m sure that most of us have. Before you go, however, remember to ensure that you have satisfied all outstanding obligations at home (or at least covered your tracks!)

In a recent case, a court has declined an application by a bankrupt husband to be released from the debts arising owed to his wife from their divorce. The husband was ordered to pay his wife a lump sum by instalments but defaulted and was then made bankrupt.

When Mr McRoberts and his former wife split in 2003, she was handed the matrimonial home and he agreed to pay her £450,000 by installments, which should all have been paid by March 2009. However he still owes her around £350,000.

Rejecting his case, the judge said there was “no special or particular reason” why the “ordinary or default position” – that lump sums awarded by the divorce courts are not released by a discharge from bankruptcy – should not apply.

She is now able to enforce it against his new assets.

He also argued that he should not have to pay, as the debt should have been written off by the bankruptcy, or that he had no money anyway.

The reason he was caught out? A stamp of the Maldives within his passport…

For further information, please contact a member of our Family team on 01625 442100.

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