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Divorce and IVA's

(3 Posts)
oslolou Tue 20-Oct-09 12:57:52

I have 3 small children and a husband who smashes things.

I am seriously considering divorcing him, he is a high earner with credit card and tax debts of around 140k. He is taking out an IVA, in his name only to clear the debts which is due to become final on Thursday.

My question is from my personal financial point of view is it better to encourage him along the IVA route or let him go bankrupt.

Sorry if this sounds heartless but I am just thinking of me and the kids.

babybarrister Tue 20-Oct-09 14:32:38

sorry to say but v complicated area of the law ...[again!!!]

please, please go and take good advice asap - Resolution has a list of specialist family lawyers some of whom offer legal aid.

it may not in fact be possible to prevent him from applying for an IVA, but it may be that you can be a creditor in that .... all v complicated as IVA not the same as bankruptcy so please do take advice

oslolou Tue 20-Oct-09 14:45:11

Thanks, I did call my divorce solicitor this morning and he suggested that an IVA is better than bankcruptcy but was a bit vague.

I will not be able to be a creditor in the IVA as at the moment he is only able to pay creditors 22 pence in the pound. It looks like they will agree to this just! but if I claim as well this 22 pence will be spread even more thinly, the Creditors will not accept the IVA and he will go bankrupt!

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