Bankruptcy and family financial remedy proceedings

Practice notes

Property that vests in the trustee in bankruptcy on bankruptcy and how the trustee in bankruptcy ascertains the extent of their interest in it

One of the main functions of the trustee in bankruptcy (trustee) is, in accordance with section 305(2) of the Insolvency Act 1986 (IA 1986), to get...

9th Apr

Practice notes

Can the court annul a bankruptcy order obtained in order to defeat the divorce proceedings?

It is not uncommon for bankruptcy and divorce proceedings to run concurrently, or for one set of proceedings to impact on the other. For further...

9th Apr

Practice notes

The bankruptcy court's power to set aside financial orders made on divorce or dissolution of a civil partnership

The general position of the bankruptcy and family courtsThe impact bankruptcy and divorce proceedings have on one another has been subject to several...

9th Apr

Practice notes

The impact of bankruptcy on divorce proceedings

The impact that bankruptcy and divorce proceedings have on one another has been subject to several cases in both the bankruptcy and family courts....

9th Apr

Practice notes

Dos and don'ts for family lawyers when dealing with bankruptcy

For family lawyers and divorcing parties, the impact of bankruptcy can have a dramatic affect on divorce proceedings and can (in the right...

9th Apr

Practice notes

Possession and sale applications in respect of a bankrupt's family home

When the bankrupt's estate vests in the trustee in bankruptcy (trustee) immediately following the trustee's appointment, the bankrupt's property...

8th Apr

Practice notes

Factors which can give rise to the court not making an order for possession and sale of the family home—and the test it will apply

This Practice Note looks at factors that the court will consider and the test it will apply when faced with an application by a trustee in bankruptcy...

8th Apr

Practice notes

The 'three-year rule' in bankruptcy under section 283A of the Insolvency Act 1986

The 'three-year rule' and why it appliesThe reforms introduced by the Enterprise Act 2002 (EnA 2002) included the insertion of a new section 283A into...

Produced in partnership with Amit Gupta of St Philips Chambers 15th Mar

Q&As

Where a party is made bankrupt in the course of financial remedy proceedings, prior to a final order being made, and the only significant asset is a jointly-owned property, will the non-bankrupt spouse have any entitlement to the proceeds of sale?

It is not uncommon for financial remedies proceedings and bankruptcy proceedings to be ongoing at the same time, sometimes with the specific intention...

13th Feb

Q&As

If a pension sharing order is made in divorce proceedings and the recipient of that order is bankrupt, will the bankrupt spouse receive the pension credit or will it be paid to the trustee in bankruptcy?

A pension sharing order provides for a party to receive, in their own right, benefits that are directly debited from the other party’s pension scheme...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

Where there is a risk of bankruptcy, can the court make an interim order for sale in financial remedy proceedings?

The court has no jurisdiction to make an interim property adjustment order, per the Court of Appeal decision in Wicks v Wicks. In addition, section...

25th Jan

Q&As

Where all of the assets are in the sole name of one spouse, there are minor children in the family, and it is believed that the other spouse may be made bankrupt, will the trustee in bankruptcy be able to make a claim against those assets? Is the position different if the parties have only separated and not divorced?

Where a person is made bankrupt, a trustee in bankruptcy is appointed into whose hand is vested the assets of the bankrupt. The role of the trustee in...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

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