By Ian Defty, partner at Begbies Traynor and insolvency advisor at Legal Futures Associate Integrated Dispute Resolution.
It is fair to say that there has, for many years, been a difference of opinion between the law governing personal insolvency and matrimonial law with each side believing that they are right and should take precedence.
The principal, sometimes conflicting, legislation is covered in the Insolvency Act 1986 and the Matrimonial Causes Act 1973. However, the differing courts can and will give wide discretion when determining whether and how a married couples assets are to be divided.
In accordance with the Matrimonial Causes A…
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