Q&As

If a party to financial remedy proceedings on divorce enters into an individual voluntary arrangement, how will this impact on the proceedings and any order made in those proceedings?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 17 October 2019
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Under an individual voluntary agreement (IVA), a debtor avoids bankruptcy by entering into a repayment plan with their creditors. If the former spouse is owed money pursuant to an order made within Financial remedy proceedings, that former spouse is a creditor alongside all the other creditors. As such, the former spouse is entitled to vote at a meeting of creditors as to whether the proposed IVA should be approved, and may object to the IVA, but ultimately, they will be bound by the outcome of the vote. This may result in the former spouse being bound by an IVA that disadvantages them, despite their objections, and

Katherine Illsley
Katherine Illsley

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
Key definition:
Financial remedy definition
What does Financial remedy mean?

A financial order is a type of 'financial remedy' within proceedings for divorce, dissolution, judicial separation or nullity.

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