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Need to release my business. Stopped by ex-wife

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

Postby freddieD » Sun Aug 10, 2014 2:33 pm

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

Postby freddieD » Sun Aug 10, 2014 2:41 pm

atticus wrote:
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.


This civil procedure thing looks intereting but I do not fully understand it. Are you saying that I could put in a 'distress' without notice application to have my property released?

I cannot pay a solicitor. I do not have money until I am allowed to sell the house and get my money.
I have enquired about legal aid and I am not entitled to it as I am supposed to have the equity money from the house!

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

Postby atticus » Sun Aug 10, 2014 3:26 pm

This Civil Procedure "thing" is the Civil Procedure Rules. They govern the conduct of civil litigation in England and Wales. A bit like the Family Proceedings Rules apply to family law matters.

Part 25 of the CPR: http://www.justice.gov.uk/courts/proced ... les/part25
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Re: Need to release my business. Stopped by ex-wife

Postby freddieD » Sun Aug 10, 2014 4:26 pm

Interim Remedy application, and without notice, mmmm interesting, a lead to follow.

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

Postby freddieD » Tue Aug 12, 2014 8:22 pm

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

Postby atticus » Tue Aug 12, 2014 9:23 pm

I am not sure that you have a handle on the procedure that has been used against you, or which you must use to contest things.

I doubt that it is the Land Registry that has frozen your assets.

Apply to the court to unfreeze sufficient to enable you to get professional advice?
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Re: Need to release my business. Stopped by ex-wife

Postby Slartibartfast » Tue Aug 12, 2014 9:53 pm

I am no expert in this aspect of law, but my instinct is that you will struggle (and fail) in any attempt to exclude the development property from the negotiation of matrimonial settlement. You say that your ownership of that property is in the course of business, but another man might say the same about his dealings in shares, diamonds or vintage cars. A number of judgements over recent years have tended to widen the range of divorce settlement, bringing pensions into the equation for example. I think that within a divorce settlement the development property will inevitably be seen as another jointly held asset for division.

I therefore do not think the Land Registry will take it upon themselves to rule that she has no interest in the property. They may modify or qualify her Charge, but they won't strike it off. And your wife will not relinquish her claim until a settlement has been reached, because she doesn't want to see a major asset disappearing into a Liberian shell company.

Which really brings us back to dls's earlier comment ("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").
"Judicial tergiversation is not to be encouraged"
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Re: Need to release my business. Stopped by ex-wife

Postby freddieD » Wed Aug 13, 2014 10:35 am

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

Postby freddieD » Wed Aug 13, 2014 10:48 am

BTW, nobody has frozen my assets, that is just the result of the asinine (in)action by the Land Registry

Ignorant as I am about this, I do not see how someone's business can be a matrimonial asset.
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Re: Need to release my business. Stopped by ex-wife

Postby atticus » Wed Aug 13, 2014 11:00 am

You have said about your ex has applied for a Form A Restriction. The wording of this is as follows.

"No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."

It appears that you have applied to remove that restriction. You say that the land registry has "hinted" at the manner in which it intends to deal with your application. I suggest that you go back to the land registry and request clarification so that you know exactly, fully and clearly the procedure they intend to follow.

If you have not already done so, you should go to the land registry website to look at their public guides.
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