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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33279
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband and I are no longer getting along and I've just

Customer Question

Hi, my husband and I are no longer getting along and I've just seen evidence where he has just removed me as a director (I'm still a shareholder) from our business without telling me.
I'm worried he is trying to take away assets from me should we head for a divorce. We have 3 children (2,4 & 6) and I stay at home to look after them and have no other income.
Is there anything I can do? Does this mean I'm no longer entitled to a division of the business should we divorce?
We currently have around £4m in assests out of the business.
Thanks
Submitted: 4 months ago.
Category: Family Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

He may well think that he is being clever but in fact you will continue to have a claim on the business and the value of it will form part of the assets for division.

The only slight drawback is that it will make it more difficult for your to get information regarding the business - but that is easily dealt with.

Please ask if you need further dteails

Customer: replied 4 months ago.
would it normally equate in a 50/50 split of our joint assests that we have built up over the past 15 years and would the value of the business come from the previous year end accounts?
I'm also concerned he will try and sell/give away shares that he has in his name or would I not be entitled to a split in these as they are purely in his name? Thanks
Expert:  Clare replied 4 months ago.

The starting point is 50/50 although the Court has discretion to distribute the assets in any way that they think fit

If he tries to give anything away the Court can simply go ahead as if he still owned them

Customer: replied 4 months ago.
If I wanted to move back to the area I'm originally from which is about an hour away can he stop me? I'm assuming I would have parental responsibility and I would obviously let him see them at weekends/holidays etc
Expert:  Clare replied 4 months ago.

You both have Parantae Responsibility for the children and this is an issue that you will have to try and agree using using Family mediation

www.familymediationecouncil.org.uk

If no agree ment is reached and your ex applies for an Order preventing you from moving then the Court will have to decide whether the move will be in the best interests of the children.

From what you have said I would expect you to succeed

Customer: replied 4 months ago.
Ok great, that's help me put my mind to rest a bit. Thank you.
Expert:  Clare replied 4 months ago.

YOu are most welcome - I hope all goes as well as it can

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