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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can I have an avoidance of a disposition made after a final

Customer Question

Can I have an avoidance of a disposition made after a final order designed to defeat the order
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will do my best to assist but I need a little more information first.
Could you explain what the Order was and what has happened since
Claire
Customer: replied 3 years ago.
I obtained an order for ancillary relief which required my former husband to pay off a mortgage on a property wich was awarded to him. But a company with assets was awarded to me and that company has signed a guarantee. He has made no payments on the mortgage and the bank is threatening to foreclose on the mortgage. The sale of the property will be insufficient to cover the mortgage. In the meanwhile he has alienated all the other assets he obtained under the settlement. I want to know if I can seek an avoidance f those dispositions to force the return of the assets to him to satisfy the debts he assumed under the order. We have a section in our divorce statute exactly the same as the uk statute providing for avoidance of dispositions designed to defeat ancillary relief claims. Can the section be used after final order. If not what is my remedy. We have the uk common law as well.
Expert:  Clare replied 3 years ago.
Hi
I am sorry but I do not know enough about the difference in Case law between your Country and the UK to assist you.
I will give you an idea of what I would suggest in the UK if you wish but have no way of knowing if this would work for you
Claire
Customer: replied 3 years ago.

Would be happy to know how u would handle this under uk law

Expert:  Clare replied 3 years ago.
Hi
Has he declared himself bankrupt(or does he intend to)?
Claire
Customer: replied 3 years ago.
No heas just transferred all his assets to companies and family members no consideration paid
Expert:  Clare replied 3 years ago.
Hi
But the order clearly states that he has to pay the mortgage?
Claire
Customer: replied 3 years ago.

yes

Expert:  Clare replied 3 years ago.
Hi
What income does he have?
Claire
Customer: replied 3 years ago.

none

Expert:  Clare replied 3 years ago.
Hi
What is the time limit for the payment by him?
Claire
Customer: replied 3 years ago.

he is supposed to pay the mortgage instalment on a timely basis monthly but for more than a year now he has not paid. He indemnified me in respect of the mortgage payment. I am still bound by the mortgage covenants + by personal guarantees viz a viz the bank the property forced sale will not satisfy the debt and and my assets will be caught in any enforcement action y the bank. In the meanwhile he has disposed of the unencumbered real estate in his name. may scan u the order?

Expert:  Clare replied 3 years ago.
Hi
If he ha snot been paying the instalments then simply apply to enforce the Order.
Within that application you can ask for a lump sum payment instead and the court has the power to reverse the other dispositions to achieve that if need be given that you can prove that they were done in order to frustrate the order
Claire

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