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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

STBex threatening to go bankrupt

6 replies

Betti · 16/11/2019 16:04

Last night, I told my STBex that I have filed for divorce (we've been separated for 5 months). He is not happy that I've cited unreasonable behaviour and is now threatening to declare himself bankrupt. What does this even mean and can he do that? We have 3 children and he is a high earner whereas I'm in a low paid job but I'm primary caregiver.

OP posts:
merryhouse · 16/11/2019 16:15

I suspect he's doing this just to worry you.

I'm not au fait with bankruptcy law any more than you are, but he can't just say "ooh, I'm bankrupt, don't have to pay anyone"

Does he have debts? Are they too big for his income?

Going bankrupt affects you for years afterwards. You can't get credit for anything, quite possibly ever (feel free to contradict me, anyone who knows).

He's saying whatever he can think of to scare you.

LaurieFairyCake · 16/11/2019 16:24

Say nothing to him, stop engaging

Is your property (if you have one) protected? How do you own it? You may need to declare an interest in it to prevent it being sold or repossessed

Betti · 16/11/2019 21:19

The mortgage is in joint names. I think he may have debts but he has run those up since we separated so they are in his name only.

OP posts:
StylishMummy · 16/11/2019 21:30

'Going bankrupt' isn't easy and isn't guaranteed. If he has debts then he'd have to show these massively outstripped his income and he'd be reasonably unable to pay them off in a reasonable time frame

stucknoue · 17/11/2019 08:30

Bankruptcy affects you for 7 years, and can't be declared without very high debts to income. He's trying to worry you. Was he not expecting to divorce?

Ss770640 · 13/12/2019 19:19

The answer to this really depends on how much your asking for.

If it's too much, he will declare and start again. You will be financially hurt a lot more than him.

I suggest amending your request to what you brought to the table plus a reasonable payment for being a STAHM.

That is fairest to all.

Bankruptcy means all assets are put into control of a seperate person. They will claim all debts first then subtract expenses. What is left will be divided between you both and even then at the mercy of the bank and nor a sheriff.

The root cause of his threat is courts award unfair amounts to people that frankly do not deserve it.

Be reasonable and negotiate..

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