Bankruptcy and Divorce settlement

[holly mcarthur]

I'm not sure if I am using the right forum for my problem. I need some advice with regards to my divorce settlement and whether I need to go bankrupt or not.

When I was married to my ex-husband in 2002 we signed a contract for our son to attend a private school. In 2008 we divorced and in that settlement my ex was ordered by the judge to pay all future school fees. I found out in 2010, when my son had left the school, that he had not paid the last term. I had been contacted by the school through their solicitor that I was liable for the debt. I sent them a copy of my divorce settlement and they have responded saying that although they agree that my ex-husband should pay the costs, I am have a joint and several obligation to pay it all. If I don't they will either collect the debt via bailiffs or by filing an application for my bankruptcy.

My ex has ignored all their correspondence. I'm unaware if he is currently bankrupt or whether he plans to let this bankrupt him. He hasn't honoured any of our divorce settlement or child maintenance in the past.

I need to know if it is correct as to whether I am still liable for the debt even though He was ordered by the courts to be fully responsible for the fees.

If I am, as I don't earn a high income, I can't afford to pay back the £3048. Would it be best to go bankrupt?

If he doesn't respond to the school letters and I do, does that make me solely responsible?

I hope someone can advise me as I have only 3 days to respond to the most recent letter.

Many thanks

[freakyleaky]

Hi and welcome to the forums.

I will ask the site team to move your thread to the most appropriate forum for you.

[holly mcarthur]

Thank you very much.

[rebel11]

Thread has been moved to the correct forum.

[sequenci]

Hello there, welcome to CAG. A few questions first.

1) Is this the only debt you have? If not how much do you owe in total?

2) Are you in rented or mortgaged accomodation

[holly mcarthur]

Hello there.

Firstly, yes I do have more debt. This is yet more debt as a result of my ex-husband not honouring the divorce settlement. He was supposed to clear it and hasn't. This amounts to about £7000.

Secondly, I live in rented accommodation at present with my husband as I have re-married.

[sequenci]

It's unlikely they'll make you bankrupt to be honest. It costs them a lot and by all accounts they'll get nothing back. If anything a bankruptcy order would write-off your liability and allow you a fresh start. There are, of course, implications; and it's not a straight forward process. Given the circumstances you could preempt their next move and consider a Debt Relief Order; have a read:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=37_debt_relief_orders

[holly mcarthur]

Thank you so much for that advice. Having read the intonation it's certainly something I'm going to consider. Does this mean that the orders given to my ex in my divorce settlement are not worth the paper it's printed on? Once again, thank you.

[abc123def]

Unfortunately many orders made in divorce courts are not enforceable. For instance if the Judge orders that one party release the other from the mortgage and take on a property in their sole name, they then ask the mortgage company to do this and the mortgage company does not feel able to allow one party the full responsibility of the mortgage alone or they would still rather be able to have two people accountable and chaseable for any future debt they can simply refuse to release the person. So despite the best intentions of the person ordered to release the other, it may not happen and the court order was worthless.

 

If your ex has refused to fulfill their obligations, you can take him to court to make him. They costs money/time/stress/emotions so you are left with a dilemma.

[holly mcarthur]

I really appreciate all of your help. Many many thanks