Alexander Hutcheon loses case against ex-wife over £1m in divorce settlement
A lawyer has lost a court case against his ex-wife who failed to hand over almost £1 million in their divorce settlement, The Times reports.
Alexander Hutcheon, 63, and his former wife, Nicola, 49, divorced in February 2017 and Ms Hutcheon was ordered to pay her husband £900,000.
She declared bankruptcy two months after the settlement and has not given Mr Hutcheon any money.
Mr Hutcheon, a solicitor in Aberdeen, has now lost an attempt to have the decision of the Accountant In Bankruptcy (AIB) to discharge her bankruptcy overturned.
He said his ex-wife had not painted a true picture of her finances and had failed to disclose the location of valuable jewellery.
Aberdeen Sheriff Court heard she went on a £40,000 shopping spree days before and after applying for bankruptcy.
Mr Hutcheon also alleged that his former wife may have fabricated debts by entering into loan agreements with members of her family.
Sheriff Graeme Napier said: “The creditor’s primary motivation for discharge being deferred seems to be that he and other creditors have lost very substantial sums to the debtor as a result of her voluntary sequestration.
“The principles relating to the question of discharge require the decision-maker to consider whether the debtor has failed to disclose assets or otherwise co-operate with the trustee but there is no material presented to me which would justify the AIB in so concluding.”
Ms Hutcheon argued she had made a “full and fair” surrender of her estate.