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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32426
Experience:  Over 5 years in practice
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My divorce was concluded 3wks ago, I was Petitioner but respondent

Customer Question

My divorce was concluded 3wks ago, I was Petitioner but respondent in the financial matters, W filing form A. W failed to attend any hearing (x4), disclose or file any evidence. At financial trial it was ordered that W pay H a lump sum in instalments over 24 mos. W was always higher earner and I do not know if funds are available for distribution. W lives off grid and Sheriff cannot find her. W has a sentencing hearing in 4 days and has been convicted of 2 quite serious offences and is likely to receive a custodial sentence. W is saying that if she is jailed (likely 4-6 mos) , she will apply for voluntary bankruptcy. Q1) in the event that she is *not* jailed if I were to oppose her bankruptcy petition (on the grounds that her sentence is suspended and she earns 90k) what would my chances be? 2) in the event that she is jailed what is recommended? I have a lump sum order in my favour, by instalments. 3) I know that she has funds in a certain organisation, is there any way of getting the court to order that institution where the funds went? She never disclosed for this reason and funds are almost certainly hidden a ltd company or various other entities.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
is your ex employed or self employed?
What do you actually know about her financial position?
Customer: replied 2 years ago.
I know she works as a contractor through an unknown entity and earns around £400 per day, so self employed. I do not know if there are any funds for distribution , as she never disclosed. I reckon she will get a suspended sentance and continue working.
Expert:  Clare replied 2 years ago.
What does she do for a living and how much does she owe you?
Customer: replied 2 years ago.
24k. Business consultant, very senior, former director she was on 100k when I married her. Indeed in a previous question (which you answered) you said she had "considerable resources". She does. She was always the higher earner. The financial order has been issued. It now into the enforcement phase and I full expect it to run on for years.
Expert:  Clare replied 2 years ago.
You do understand that bankruptcy doe snot clear the debt to you?