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Divorcees `could have assets claimed for ex-spouse`s debt`

10/05/2007

Millions of divorcees could face having their assets taken to repay debts owed by their former spouse, a landmark high court decision has stated.

Creditors now have permission to claim property and assets which are awarded during a divorce settlement if one partner goes bankrupt.

Predictions say that as many as one in five bankruptcy cases expected to be filed this year could be affected.

Gareth Schofield, a partner at law firm Clarke Willmott, told the Telegraph: "This is a complete reversal from the widely accepted position that divorce settlements made by the matrimonial courts after a fully contested hearing are beyond reach in bankruptcy cases and cannot be overturned by a bankruptcy court.

"This decision will have a profound effect on the way clients are advised on settlement in divorce where bankruptcy is a potential issue."

In related news, recent figures from the Insolvency Service revealed that 16,482 Britons went bankrupt in the first quarter of 2007.


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