www.iva.co.uk

Hi all
I am currrntly in an IVA and it is going OK.
However I have been seprated from my wife for 5 five years and she has now petioned for a divorce. My question is that I will be paying legal costs and may have to pay her money from the divorce can I included these costs as an expenditure?
Looking for any help you can give me thanks.

Hi Adam C

This is a very difficult area and I suspect that you will need to discuss the matter with your IP.

I suspect that your ex wifemight be looking at assets such as your house in which case your creditors would have an interest depending on the IV.

If you could provide us with more info on the IVA ie equity release clause, your debts in the IVA, and any other assets you might have we might be able to come up with some ideas.

As for the legal costs again a variation might be required.

However, if you agree to a divorce then a simpler step may be to petition the court directly from both of you on the grounds of the amount of time you have been seperayted. The cost will be only the court fees.

However if there is a problem with the breaking up of the family estate then legal fees may come into place and some consideration would have to be made as to the IVA consequence and again your IP would need to know!

Tough one! Hope this helps and I am sure others will come up with a better idea as well!

Good Luck!

Hi Ray
Thank you for your reply.
The IVA is for about 30K of debt paying £308 for 15 months then 45 payments of £507 for 45 months.
We do not own a home or any other assets and I do not have any children so I am hoping for a fairly easy divorce. I am manily just asking about costs for solicitors and any money I may have to pay her that the court may ask for.
As we have been apart for so long the divorce is not a problem it is just the costs that are worrying me.

It might be an idea to ring round a couple of local solicitors firms to get an idea of costs - you'll find adverts in yellow pages - good place to start. You can sometimes get a fixed fee interview with them - price does vary from firm to firm but it might give you an idea from the legal side what costs will be etc. So that when you speak to your IP you got a clear idea of costs and then something could be worked out.

Hi Adam

From what you are saying I think one would most probably be facing a situation where you would not be required to pay her anything as you have very little to give her especially as you have stated in your earlier post you have been seperated for 5 years.

Basically from what I have seen the courts only request from the husband maintenance payments where there are children which you don't have.

in respect of the costs I think you would only be required to pay the court fees and legal fees in respect of your share. If you petitioned the court the costs won't be so high if you got a solicitor and if it may be that you could ask your IP for an IVA payment holiday. This of course will mean that your IVA might last a few months longer than originally proposed.

Hope that helps!

It's a very good question Adam, I will be going through the same thing in approx 6 months time once my 2 years of separation are up (mutual agreement to divorce).

I have seen that you can do a self-divorce thing online, I haven't looked in to it in any great detail, but it could be something to look at as it would probably be cheaper than a solicitor.

Hope that helps.

When my husband got divorced from his first wife, she went to the CAB and got the necessary forms, which she filled out and the CAB checked before filing the necessary paperwork at the court. No solicitors involved. They shared the court costs/fees.

CAB is a good place to go as they would be able to advise on any issues with regards to the forms and the process.

Hi Adam

Hi all
I am currently in an IVA and it is going OK.
However I have been separated from my wife for 5 five years and she has now petitioned for a divorce. My question is that I will be paying legal costs and may have to pay her money from the divorce can I included these costs as an expenditure?
Looking for any help you can give me thanks.

Hello Adam

If you and your ex wife can decide on the best solution then there should not be a problem, but if you cannot decide the best way forward and start to fight with each other then the cost will be high.

Civil Courts and Solicitors will not take into account your I.V.A they will want their costs or more costs will be added, so i feel its worth talking to your I.P and try to find the best way forward.

Regards.

Neil

Hi Adam

Did you know about www.quickiedivorce.com? I got my divorce through this website - it costs £40. You go on line, fill in a questionnaire and they send you all the forms, you fill them in and return them to this company and they then submit them to Court.

Alternatively, they can fill all the forms in and submit them to Court for you and it costs £69. I used them for my divorce and they were absolutely brilliant - about eight weeks from start to finish. No solicitors involved at all!

Reagrds

Liz

Hi Adam
Your IP will be able to give you a difinitive answer.
In an IVA ALL your disposible income has to be paid into an IVA so unless you are able to fund legal costs from your share of overtime or from money that you have managed to save whilst in your IVA then you will need the help of your IP.It maybe that he/she will allow you a payment holiday and this can be done without the need for a variaion meeting.
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

That's what I was on about with the online divorce thing I mentioned. I think that's the path I will go down, the less I have to speak to my ex the better!!

Hi All
Thank you for the advice on how to proceed.
I guess the only option is for me to contact my IP and ask them for advice and a possible payment holiday. I am not worried about the IVA lasting longer and My IP has so far been wonderful with regards to paying them but I am just worried that I am pushing them a bit far asking for a payment holiday as I do owe them 1 months payment that is in arrears. What do you guys think? Would they be willing to give me the holiday as this an extra ordinary circumstance that I can not avoid?
Look forward to your comments

Good Luck Adam C and do tell us how you are getting on!