Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Need to release my business. Stopped by ex-wife

Re: Need to release my business. Stopped by ex-wife

Postby dls » Thu Aug 21, 2014 2:08 pm

There is enough of an argument in what she says alongside what you have added (use of joint accounts) to ensure that the land registry would never lift the notice without a court order or her agreement.
It is a basic premise of family law that very much less reliance is placed on whose name property is held in. A court will happily and repeatedly set aside such questions. Family assets are combined in a big heap and redistributed according to need. You have already blurred the lines by using family accounts. That is not a criticism. What you did may have been practical and sensible in the circumstances, but you must face the practical result.

You go back to the Matrimonial Causes act 1973 as amended, and the large pile of case law since. That tells you what a court must do. That is where you must look for your answers.

If the children are with you, that that is where you start. It is not an issue of compassion, but of applying matrimonial assets to ensure first that the children are provided for. Once that is answered anything else will be apportioned between the spouses.

It is a complex and uncertain process.
The chances are that any kind of substantial court dispute will result in most going to the lawyers. It is a fact of life. Right or wrong you have to live with it.
Last edited by Slartibartfast on Thu Aug 21, 2014 8:03 pm, edited 1 time in total.
Reason: spelling tidy-up ("court order of her agreement")
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12263
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Need to release my business. Stopped by ex-wife

Postby Slartibartfast » Thu Aug 21, 2014 8:23 pm

dls wrote:There is enough of an argument in what she says alongside what you have added (use of joint accounts) to ensure that the land registry would never lift the notice without a court order or her agreement.

It is a basic premise of family law that very much less reliance is placed on whose name property is held in. A court will happily and repeatedly set aside such questions. Family assets are combined in a big heap and redistributed according to need.

I agree. I think it very unlikely that any court (or registry) will agree that a major asset belongs wholly to one party and should be excluded from the settlement calculations. There is clearly no point in continuing legal wrangles over this, that would just be giving more of the family's monies to the lawyers. Freddie seems to have two realistic options -

# Allow events to take their course, succumb to bankruptcy and wait for a court to divide up whatever remains.

# Swallow the bitter pill of a settlement that feels unfair, but at least brings the matter to an end.
"Judicial tergiversation is not to be encouraged"
User avatar
Slartibartfast
 
Posts: 3745
Joined: Thu Nov 01, 2012 5:06 pm

Re: Need to release my business. Stopped by ex-wife

Postby freddieD » Mon Aug 25, 2014 10:32 am

What I need is to tell the court to order the land Registry to let me have my property.

I could go and complete a form A for a claim to my -ex's boyfriends assets can't I, it;s OK just becasue i completed the form right?

I have said a zillion times that it is common practice for small business people to use their pesonal bank accounts for business otherwise why do people claim expenses they make on their own personal accounts and credit cards to the companies they work for or even their own companies.

I repeat over and over again: Watch homes under the hammer and see how those small developers work.

Using your personal account MEANS NOTHING in terms of business ownership. So if somebody is a partner/employee of Microsoft and he uses his credit or personal account for expenses on business trips for Microsoft, is the wife or ex'wife then entitled to claim ownership of Microsoft? D'uh!

I have evidence that I have used the joint bank account for business transactions on 3 businesses. That does not make any of the businesses matrimonial assets, Get real.

There is not help here, just patronising

And why should I ask the court just for money for my children. i am a piece of furniture?

Yeah easy to say go bankrupt, why don't you do it yourself if it is so easy?

I won't hire any of you guys as my legal representative unless i want to satisfy my ex-s greed to take everythying
freddieD
 
Posts: 40
Joined: Fri Feb 22, 2013 11:14 am

Re: Need to release my business. Stopped by ex-wife

Postby atticus » Mon Aug 25, 2014 10:41 am

2 things, Fred:

1. You do not tell a judge what to do. You try to persuade the judge; as your ex wife's lawyers will be trying to persuade him or her to make orders to effect the outcome she seeks. I have attempted to show you how you need to approach this. So have others.

2. I shall gladly not accept your instructions. If you are reading what has been said, you are failing to understand. Confidence between client and lawyer is a two way street. By all means discuss your lawyer's advice and debate it, but understand it and the reasons for it.
User avatar
atticus
 
Posts: 19876
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Need to release my business. Stopped by ex-wife

Postby atticus » Mon Aug 25, 2014 10:44 am

To clarify one point, money payable under matrimonial orders is not debt that can be claimed in bankruptcy. It is not a debt that can be extinguished by bankruptcy. Bankruptcy does not offer a way of leaving such liabilities behind.
User avatar
atticus
 
Posts: 19876
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Previous

Return to Company Law

Who is online

Users browsing this forum: No registered users and 1 guest