The court considered the duty of a family court when deciding ancillary relief applications where the husband is bankrupt. Millett LJ said: ‘The Family Division is concerned to ascertain the amount of the bankrupt’s income and to decide how much of that income should be made available to maintain the wife and child. In making its determination it must ascertain the amount of the bankrupt’s income as best it may, on the evidence put before it. But the amount of that income will be affected by any order that the Insolvency Court has made, or may subsequently make , which has the effect of diverting the bankrupt’s income in or towards payment of his creditors. The Family Division is concerned with the division of the cake, but the size of the cake is liable to be diminished by an order made by the Insolvency Court.’
Judges:
Millett LJ
Citations:
[1996] BPIR 233
Jurisdiction:
England and Wales
Cited by:
Cited – Hill and Another v Haines ChD 3-May-2007
The husband and wife had separated and divorced. In ancillary proceedings, the family home had been transferred to the wife under a court order. The judge had noted that the husband was hopelessly insolvent, and he was made bankrupt some time later . .
Lists of cited by and citing cases may be incomplete.
Family, Insolvency
Updated: 01 May 2022; Ref: scu.253165