I am going through a divorce and thinking of declaring myself bankcrupt thereafter and having a fresh start,as part of my divorce i will forgo any interest i have in the marital home in exchange for not having to pay any maintenanece as we have a child, if i did declare bankrupt would this divorce agreement be withstanding or could the OR still look at my previous marital home as an asset.
You can't do that anyway Jay, as maintenance for your child is paid from a percentage of your earnings as per CSA rules, courts no longer have this jurisdiction.
Jay L, Have a look at this case: Hill & Bangham v Haines 2007, this relates to a situation similar to yours, which resulted in a change in the way that OR's and trustees, had to deal with ancillary relief orders involving property in bankruptcy and divorce.
But as previously stated, get legal advice about it.
Going through a divorce and thinking of bankruptcy
Posted - 16 September 2010 : 18:59:35
