Michelle Bowyer, Solicitor in our Family Team comments on the attached article:- http://www.familylawweek.co.uk/site.aspx?i=ed168460
This is an unusual case as it relates to a claim from the trustee in bankruptcy to recover assets on behalf of the bankrupt post mortem. Whilst this case stands alone on its unusual facts, it does highlight the need for legal advice where there is potential insolvency before, during proceedings or even after a financial remedy order has been made. Certain dispositions can be rendered void under the Insolvency Act 1986 subject to the timeframe within which the petition for bankruptcy was issued. The aim of the trustee in bankruptcy often conflicts with the aim of the family court and parties to a divorce have to act quickly whilst being transparent about potential insolvency issues.
For further advice about this issue or any other family law matter please contact one of our family teams on 01793 532363 (Swindon) 01793 848900 (RWB) and 01249 814536 (Calne).