Ask a Law Question, Get an Answer ASAP!
We have NOT exchanged information - this was planned for May 16th but my wife has destroyed years of invoices and bank statements so it is taking time to get copies of bank statement - mainly the problem is the substantial CASH withdrawals by my wife in the past 4 years which so far are unaccounted for as I have asked but received ZERO information from her.
There have been NO financial negotiations - this was proposed by me for May 16th 2014. The problems are that my wife has destroyed years of invoices and bank statements and my wife has withdrawn from the Bank Substantial amounts of CASH which are unaccounted for -so this is delaying any possible financial settlement - plus I put in approx £100K to modernise the matrimonial home in 2013 and my wife is now proposing to
apply for a property adjustment order !!!!
I have written advice from my solicitors earlier this year that I could move all the matrimonial goods into boxes with my wife's personal posessions separated. 37 boxes are her " personal goods " and 85 boxes are classed as " matrimonial goods " - on this web site it was advertised as legal advice so why is your advice so different ?
I appreciate what you say - it's just I have written advice from my solicitors advising me to take all the " marital goods " to auction and bank the funds received in a separate bank account - this is really confusing now
it was NOT my decision to do that - it was written legal advice from my solicitors - why advise something that could be interpreted as being bad behaviour on my part ? I suffer from Bi-polar and this advice from my solicitors is really unbelievable and was costly as well - thankyou Clare
That is very difficult as there is 122 large boxes of inventory - like i said at the outset the estate agent advised that it would be detrimental to obtaining a sale of the property with all these boxes taking up the vast amount of space. I don't want these items for myself, I just want them gone from the property - my wife left the matrimonial home 4 months ago and has NOT returned for any " personal items ". Please bear in mind as well that I have 3 damaged vertebrae and discs in my back and I was left to try and move, pack and do an inventory of all of these 122 boxes on my own and also arrange to finish the modernisation work on the house January / February / March 2014 when my wife just left to live with another woman whom she had been sleeping with for years.
My wife did not defend the divorce petition due to her adultery and behaviou and has NOT requested to return to the matrimonial home at any time since. There were floors still open from the plumbing work - doors not fitted, no carpets fitted etc etc and substantial amount of boxes in the house it was just impossible to do the work. Has my wife not been " unreasonable " by leaving me a disabled person with all this mess to sort out and yet she still deserves it seems that I remain reasonable ??
So do I have an action against the solicitors who gave me the written advice that it was o.k to move the " personal goods " and " matrimonial goods " as it seems that despite me having no knowldege of the possible
consequences, their advice seems to possibly have put me in a very poor position ?
I certainly was NEVER,warned or advised that any disposal of the marital goods may be deemed an " agressive step " - whilst I agree that I should make a formal complaint against the advice received from my solicitors this would surely result in me having to seek another law firm as it is whe PARTNER in the law firm that gave me the written advice in the first place- all I wanted intitially was for my wife to take all the goods - but was advised that she should take her " personal goods " which she has not and then to sell the other 85 boxes and split the money 50 / 50 - do I ask you other parts of this divorce - like pensions, assets etc as I am totally lost now
Please excuse me sometimes as my Bi-polar does have an effect - Our matrimonial home was purchased in April 2010 for £249,000 - I invested monies from my USA corporation mainly in the year 2013 of approx £100K
and the property is now valued at £370,000 ( probably more like £360,000 max ) as there is still work to be finished. My income is 1. Employment and support allowance of £105 a week 2. Disability Living Allowance of £51 a week 3. 2 annuities paid monthly of a combined £170 a month and my main pension paid yearly of approx £110 a week. I HAVE NO CAPITAL LEFT - I am extremely worried that I have just received today from my wife's solicitors a Notice of intention to apply for a Financial order, a lump sum payment, pension attachment order and a property adjustment order - I can barely live and keep the house bills as it is - any help would be appreciated as my solcititors are asking for more money up front which I don't have - my son said he could possibly help to pay the solicitor but he has a young family
1. Since 1981 - although there has been periods of separation - my wife filed for divorce in 2001 which was withdrawn and I applied for divorce in 2009 and was granted a decree Nisi and was only about 10 days from the decree absolute when i was " persuaded " by my children to reconcile.
2. No assets in the USA - I was seriously ill in 2011 / 2012 and my wife sold the US Corporation's last house in June 2012. This is when she destroyed all the last 13 years of invoices and bank statements. Just to be clear - I was PRESIDENT of the US CORPORATION and I did SIGN the sale documents - albeit I was in NO FIT MENTAL CONDITION to understand what I was signing or had signed.
3. I do not really know her financial position - I have traced Substantial CASH withdrawals which she has made in the last few years and the bank is getting me copies of the COUNTER VOUCHERS for those withdrawals - none of that money can be accounted for - I have repeatedly asked my wife's solicitors for information - my wife also sold all of my furniture and assets in the USA in June 2012 which again I have asked where the money is or has gone and not received any reply. MY WIFE IS IN RECEIPT OF STATE RETIREMENT PENSION AND ALSO HAS A SMALL MONTHLY ANNUITY PAYMENT FROM A PLAN I SET UP FOR HER WITH AN INVESTMENT OF £20,000 IN 1996. I do not know where the CASH has gone.
My wife worked part-time during our relationship between 1988 and 1993 and not since
4. There is NO mortgage
5. I presume you mean where did the balance of the funds come from to modernise the house in late 2012 / and most of 2013 ? Those funds came from the sale of the US Corporations property in June 2012.
If you mean where did the funds come from to purchase the bungalow in the first instance in April 2010 - I had built a house in 2003 and that was sold in April 2010 to buy this bungalow
Hope this helps
So far the total amounts transfered from my USA Corporation to the U.K. Bank accounts is approx £380,000 between Sept 2007 to July 2012 of which say £100K was spent on the current matrimonial property,. Neither my wife nor her solicitors have EVER replied to my questions concerning this money, in particular transfers from one of the US Corporations Banks could only be done via a SECURECARD system which my wife must have used during my 28 month illness. The furniture / assets in the USA $25,000 and 2013 CASH withdrawal £41,000 + what was in the joint account approx £53,000- I don't have the previous years cash withdrawals with me
Not as yet - at the moment I applied for a Decree Nisi on March 24th 2014 - I have all my financial information available except for one annuity -but I have had NO notice that my wife has her financial information ready. I did suggest MAY 16th to exchange financial information but NO reply from my wife's solicitors - sorry so late in replying but I sometimes have difficulty loading your replies
but do I disclose my financial information - which is straight forward - even though my ex does not have her info ready ( as far as I am aware as no response from her solicitors )
I definately need to see from my ex where all this money has gone, but don't understand why her solicitors will not answer me for a mutual exchange of information. Could I apply for a " property adjustment order " for a larger share of the property value based on the money she has taken over the last few years and the funds ( £100K ) that the US Corporation paid for the work to modernise the matrimonial home in 2013
You asked me questions about the mortgage, balance of funds, time lived together, assets in the US etc but you have not given any answer as to how my answers to your questions have an effect on my status in the divorce ?
i am not sure what other information you require ??
most of the CASH my ex has withdrawn is " unaccounted " for - I have asked my bank who are willing to provide the COUNTER VOUCHERS which will prove my ex WITHDREW the money but cannot prove where that CASH has gone ??