Insolvency Act 1986

329 Debts to spouse. E+W

(1) This section applies to bankruptcy debts owed in respect of credit provided by a person who (whether or not the bankrupt’s spouse [F1 or civil partner] at the time the credit was provided) was the bankrupt’s spouse [F1 or civil partner] at the commencement of the bankruptcy.

(2) Such debts—

(a) rank in priority after the F2 ... interest required to be paid in pursuance of section [F3 328(4)], and

(b) are payable with interest at the rate specified in section 328(5) in respect of the period during which they have been outstanding since the commencement of the bankruptcy;

and the interest payable under paragraph (b) has the same priority as the debts on which it is payable.

Textual Amendments

F1 Words in s. 329(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 116; S.I. 2005/3175, art. 2(2) (subject to art. 2(3)-(5))

F2 Words in s. 329(2)(a) omitted (19.12.2018) by virtue of The Banks and Building Societies (Priorities on Insolvency) Order 2018 (S.I. 2018/1244), arts. 1(2), 9(a) (with art. 3)

F3 Word in s. 329(2)(a) substituted (19.12.2018) by The Banks and Building Societies (Priorities on Insolvency) Order 2018 (S.I. 2018/1244), arts. 1(2), 9(b) (with art. 3)

Modifications etc. (not altering text)

C1 S. 329 applied (with modifications) by S.I. 1986/1999, art. 3, Sch. 1 Pt. II