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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was divorced three years ago and have a General Form of

Customer Question

I was divorced three years ago and have a General Form of Order - Ancillary Relief, in this order my Ex was to pay half a loan we had together that is secured on my property, she is approx 12 months in arreas and I have just discovered today that on the 4th Dec this month she has been made bankrupt, can I ask where I stanf regarding the order?Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat is the exact wording of the Order regarding the loan?
Customer: replied 1 year ago.
It is a little long winded, two pages of all the finance, can I scan a copy and send you?
Expert:  Clare replied 1 year ago.
of course
Customer: replied 1 year ago.
Thank you, ***** ***** attached.
Expert:  Clare replied 1 year ago.
Just to check - it is the Barclays debt?
Customer: replied 1 year ago.
Yes, it was a joint loan secured on my property.
Expert:  Clare replied 1 year ago.
OkThis is going to sound complicated for which I apologise.So far as Barclays is concerned she is no longer responsible for the debt - it is now your debt and yours alone.HOWEVER the court order means that she continues to owe YOU half of the monthly payments and you can enforce the Order against her if she stops paying.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Yes that is what I thought and as she has now just gone bankrupt means I dont get anything
Expert:  Clare replied 1 year ago.
No it is the opposite.You can still recover the money form her - she owes you the money and that is NOT wiped out by the bankruptcy
Expert:  Clare replied 1 year ago.
.
Expert:  Clare replied 1 year ago.
No it is the oppositeYOU can still enforce your family court order against her - she has to pay YOU half of the repayment each month
Expert:  Clare replied 1 year ago.
.
Customer: replied 1 year ago.
Im sorry Im cofused, I thought once bankrupt it stoped all debts, how do I do this?
Expert:  Clare replied 1 year ago.
As I said she no longer owes Barclays the money.However bankruptcy does NOT effect a Family Court order and accordingly she still has to comply with the order
Customer: replied 1 year ago.
Thank you, ***** ***** been a great help, how do I enforce this?
Expert:  Clare replied 1 year ago.
Your options are set out here
http://vardags.com/family-law-guide/guide-to-enforcement-of-financial-orders/
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you, ***** ***** I am going to need someone to act for me.
Expert:  Clare replied 1 year ago.
You can do it yourself - many do

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