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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Can a judge in English court prevent respondent in divorce

Customer Question

Can a judge in English court prevent respondent in divorce from starting new business post divorce or running down old one?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Could you explain a little more about what the order actually says and what you wish to know about it?
Clare
Customer: replied 3 years ago.
It states that I may not start another business or transfer business from my present one to any new company. It also states that I must continue to pay dividends to my ex wife who is a shareholder which may or not be possible due to cash flow issues and crown liabilities. The judge also insists that to compel the company to pay out her directors loan within 28 days which would crash the company . I am a minority shareholder and have no such powers
Expert:  Clare replied 3 years ago.
Hi
Who are the other shareholders?
Clare
Customer: replied 3 years ago.
A mr andrew Coane who has 30% and mrs dixon my ex who has 35% equal to my holding
Expert:  Clare replied 3 years ago.
Hi
So in fact you and your ex together hold the majority of the shares and CAN authorise the payment ?
Clare
Customer: replied 3 years ago.
The issue is that we would breach our overdraft limit and risk bank foreclosing so I can see no way forward. Our overdraft is 50k and we are at -52k at the moment.
Expert:  Clare replied 3 years ago.
Hi
How much do you have to pay her and why did the judge believe it was possible
Clare

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