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Need to release my business. Stopped by ex-wife

Need to release my business. Stopped by ex-wife

Postby freddieD » Thu Jul 03, 2014 1:13 pm

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

Postby dls » Thu Jul 03, 2014 1:26 pm

There are times when people conduct their business in such a way that it provides an opportunity for others to squeeze them where it hurts. This may be one.

Depending how many houses you have bought and sold, your argument might be that this is a trading asset not a capital one, and that it should be exempt from such actions. I suspect that you will have some talking to do.

The reality also may be that you need to do a deal. If you and your ex-to-be fight everything will go anyway in costs. Being firmly grasped by the goolies might in the long run save you money if you make a deal.
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Re: Need to release my business. Stopped by ex-wife

Postby atticus » Thu Jul 03, 2014 1:34 pm

You may apply to vary the order to the necessary extent. Expect the court to take some convincing.

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

Postby freddieD » Thu Jul 03, 2014 7:59 pm

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

Postby Smouldering Stoat » Thu Jul 03, 2014 8:27 pm

You have a solicitor? You really ought to follow her advice.
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Re: Need to release my business. Stopped by ex-wife

Postby Slartibartfast » Thu Jul 03, 2014 8:36 pm

freddieD wrote:Of course I am not going to give in to being held at ransom and negotiate anything that will negatively affect my children or me. I feel I am being advised to 'negotiate with terrorsits'


Sometimes the 'terrorists' have a powerful bargaining position, and it is then necessary to compromise if you wish to protect what you cherish. Not right, not fair, but often the practical reality.
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Re: Need to release my business. Stopped by ex-wife

Postby dls » Thu Jul 03, 2014 8:40 pm

Nobody here can say what is the correct solution to what is a complex problem.

What I say - again - is that your properly chosen way of living has a very particular weakness, and that she appears to have found it. Like it or not you have to deal with the situation which actually obtains.

The moment you start colouring this with emotional pleas of terrorism, and 'for the sake of the children' you are taking your eyes way off the ball, and indeed risking all for your own wounded pride.

You may just have a proper argument - and you may not. It is a technical question requiring precise legal understanding and detailed argument. The absence of such may lead to you spending every penny of the value of the house depriving your children and yourself of any benefit whatsoever in order only to make sure that their mother shares the same fate.

You have a difficult situation, a very difficult one. A lawyer would bring a degree of objectivity to this which you really do need.
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Re: Need to release my business. Stopped by ex-wife

Postby freddieD » Fri Jul 04, 2014 11:36 am

I do not need to colour anything with any emotions. if you think that my emotion to try and save the living I have for my children and I is playing with emotions then I hope it does not happen to you so that you children do not suffer.

I have not come here to be patronised about how to protect m familty. I can go to family forums to do that.

I am looking for the legal mechamism to rescue my business.
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Re: Need to release my business. Stopped by ex-wife

Postby atticus » Fri Jul 04, 2014 12:02 pm

atticus wrote:You may apply to vary the order to the necessary extent. Expect the court to take some convincing.

Consult a solicitor.


Read Part 25 of the Civil Procedure Rules and Practice Direction 25A.
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Re: Need to release my business. Stopped by ex-wife

Postby jantra » Sat Jul 19, 2014 11:49 am

assuming as this is in the company section this relates to limited company law, can't you show what the SIC code of your business is to the court - this should show that it is a trading rather than capital asset and as such relates to how you earn a living?

see here
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