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Clare, Solicitor
Category: Law
Satisfied Customers: 34897
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have just been through a failed FDR hearing this week and

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I have just been through a failed FDR hearing this week and the case is now listed for a full and final hearing in July. My husband and his new partner have 6 x my income and have now run up debts so that debt collectors are calling at my home even though he hasn't been here for 18 months. She already had county court judgements against her and a criminal record for fraud when he moved in to her housing association home. We still jointly own a property outright together and we cannot agree on the split for a clean break we both have some pension provisions with his being so much better than mine, we are both near to retirement age. He now states that he will make himself bankrupt so that I get nothing, please advise can he do this? He is capable of very good income and an expert in his field but turning work away so that he looks worse off than he is.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What offers were made at the FDR?
Customer: replied 3 years ago.

Prior to the FDR my initial offer was that I retain the property outright, I then reduced this on advice to 75/25% in my favour with no further claim on him. He replied with a 60/40 split in my favour with no costs, maintainance or claim on his pension. The judge recommended somewhere between the two. I came down again to 70/30 which they dismissed out of hand but then came back with 65/35 but again with no costs, claim to pension or maintenance. I could not manage on what they are offering. or else I would accept his offer if only to get closure as they has been going on for well over a year now.The bankruptcy thing is something he would do out of spite regardless of the consequences on him. How would this affect me and what do you think the outcome of the final hearing will be. It is likely that he will still not submit the required documents or make a full and honest disclosure as to assets.

A bankruptcy would leave you with 50% of the equity and entitlement to a 50% pension sharing order and a possibility of spouse maintenance - so whilst it is not what you want it is not a disaster either - indeed it would at least end things!
From what you have said you are now arguing over £13,000 - the difference between 70% and 65% on that basis it is hard to predict what the eventual outcome will be - although if he continues to make such threats you may have the sympathy of the court and will thus achieve the result you are looking for
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