Divorcee appeals settlement decision

A divorcee from Worcestershire is today (Tuesday, November 13th) going to contest a High Court decision which has ruled that she give back half of her financial settlement to her ex-husband.

Wendy Haines and her husband went through a marital separation in 2005 and she was awarded their family home.

The Stourport-on-Severn resident assumed that the matter was closed, but Mr Haines petitioned for bankruptcy soon after the couple obtained a decree absolute and his trustees wanted half of the home he had shared with his wife.

District judge Cooke ruled in favour of Ms Haines but that decision has been overturned by Judge Pelling QC - and it is this ruling which MS Haines is fighting against, the Worcester News reports.

Rob Taylor, of Worcester-based Harrison Clark LLP, said: "The case is hugely significant as, at present, the law is as such that all matrimonial clean break orders have been killed off.

"This is on the basis that, in the event of either a divorcing husband or wife becoming bankrupt within certainly two years, and potentially five years, of any ancillary relief property adjustment order, his or her trustee in bankruptcy can turn to the other divorcing party with a view to overturning the agreement as regards the distribution of former matrimonial assets."

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