I hope someone can help me with some advice.
I lived in the UK for 8 years with my English husband. Then our relationship went sour, he moved out of our joint mortgaged property, leaving me to pay all the bills (such as the mortgage) which I couldn't. The house is now being sold but with a huge shortfall (£30k) and there are some other smaller debts. First there was talk of voluntarily handing back the property to the mortgage company because of arrears so to avoid being homeless I moved back to the Netherlands where I'm from (moved in with my mother about a year ago). My husband is now saying that he will declare himself bankrupt and leave me with all the joint debts. I don't see how I can pay back the debts (unemployed) and find it unfair that I will be solely responsible (but understand that's just how it is). I am now also considering bankruptcy but want to do that in the UK where my only debts are. I understand that I will have to move back to the UK for at least 3 months plus 1 day to show that my 'centre of main interest' is in the UK before I can declare bankruptcy which is fine. I can rent a room and find some kind of job.
But the real question is: how will the official receiver look at me moving back to the Netherlands after I've applied for bankruptcy and before it's been discharged? It will be pretty obvious that I moved to the UK just to declare myself bankrupt, right? But will the OR care??? I read that he might care if I have debts other than in UK and I moved to the UK to clear those foreign debts (to make use of easy UK bankruptcy laws). But these are UK debts only incurred whilst living in UK.
I have a child that I'll leave with my mother but don't want to stay away for a year or more. I will remain in full contact with the OR when back in the Netherlands. I don't have assets in either country after the UK property has been sold and no debts in the Netherlands so it makes sense to be bankrupt in the UK only!? I have nothing to hide. I just don't want to be bankrupt in the Netherlands where it takes 6 years for a clean slate instead of 1 year.
Sorry for the long story.
Any advice would be MUCH appreciated!