Q&As

If a party to financial remedy proceedings on divorce enters into an individual voluntary arrangement, how will this impact on the proceedings and any order made in those proceedings?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 17/10/2019

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • If a party to financial remedy proceedings on divorce enters into an individual voluntary arrangement, how will this impact on the proceedings and any order made in those proceedings?

Under an individual voluntary agreement (IVA), a debtor avoids bankruptcy by entering into a repayment plan with their creditors. If the former spouse is owed money pursuant to an order made within financial remedy proceedings, that former spouse is a creditor alongside all the other creditors. As such, the former spouse is entitled to vote at a meeting of creditors as to whether the proposed IVA should be approved, and may object to the IVA, but ultimately, they will be bound by the outcome of the vote. This may result in the former spouse being bound by an IVA that disadvantages them, despite their objections, and whic

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