Alarming Bankruptcy Case Upsets Divorce Lawyers
Hill and another v Haines [2007] EWHC 1012 (Ch)
Ch D
Weekly Law Notes Summary
3 May 2007
Since an applicant for ancillary relief under ss 23 to 25 of the Matrimonial Causes Act 1973 did not give consideration in “money or money’s worth” within the meaning of s 339(3)(c) of the Insolvency Act 1986 for relief obtained, any transfer of property made by a bankrupt ex-spouse pursuant to either a court order made in the ancillary proceedings, or a settlement agreement, was a transaction at an undervalue and would be set aside on application by the trustees in bankruptcy.