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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I received on Saturday April 5th an EX-PARTE injunction which

Customer Question

I received on Saturday April 5th an EX-PARTE injunction which forbids me for selling or disposing of matrimonial goods - I have been asking my wife to collect these goods since January 2014. I have Petitioned for DIVORCE and now applied for a Decree Nisi on March 24th 2014. My wife left the matrimonial home late December 2013 and has NEVER returned and I have NEVER refused her access. There are 122 boxes of goods in the double garage, I listed all items in each box and provided the " inventory " to my wife in January 2014. The estate agent has advised that it would be highly unlikely to achieve a sale with all these boxes on the property. I advised my wife on March 21st to remove these goods within a max of 14 days but received no reply until this INJUNCTION - What can I do to try and lift this injunction. I had every intention of selling the goods and banking the money in a separate bank account until the divorce was finalised.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How far have the Financial negotiations reached?
Clare
Customer: replied 2 years ago.

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.

Customer: replied 2 years ago.
Relist: Answer came too late.
really a time estimate for an answer - nobody can just sit and wait without any news ??
Customer: replied 2 years ago.

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 The problems are that my wife has destroyed years of invoices and bank statements and my wife has withdrawn from the Bank Substantial amounts of CASH which are unaccounted for -so this is delaying any possible financial settlement - plus I put in approx £100K to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 !!!!

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
I am sorry but there is no chance that the Injunction will be lifted unless or until you and your ex have reached agreement on the Financial matters
You are not entitled to sell the items without her agreement - and she is entitled to leave her belongings in the Matrimonial Home
I am sorry - I know that this is not the news that you want but sadly it is the legal position that you are in
Please ask if you need further details
Clare
Customer: replied 2 years ago.

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 ?

Expert:  Clare replied 2 years ago.
Hi
You are fully entitled to pack them in boxes
What you are not entitled to do is sell them or dispose of them in any other way
Clare
Customer: replied 2 years ago.

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

Expert:  Clare replied 2 years ago.
Hi
It is exactly that kind of approach that leads to the Process that you have now been served with.
It is an unreasonable action guaranteed to annoy a Judge and to be viewed as aggressive and a sign of your "bad behaviour" to the point that you could be penalised if the matter goes to a Final Hearing - and may yet lead to your having to pay the costs of the injunction application
That is why I would never suggest it
Clare

Customer: replied 2 years ago.

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

Expert:  Clare replied 2 years ago.
Hi
Simply leave the items in the boxes - there is nothing wrong with that
Within the negotiations the issue of how the contents will be divided between you can be dealt with based on the lists
Clare
Customer: replied 2 years ago.

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.

Expert:  Clare replied 2 years ago.
Hi
i am sorry but the simple fact is that at this stage of the separation/divorce it was too early to threaten to do this - and that is why the injunction was granted.
With regard to the problems of sale that is a matter that will form part of the financial negotiations between you
Clare
Customer: replied 2 years ago.

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 ??

Expert:  Clare replied 2 years ago.
Hi
She is entitled to return whenever she wishes and she is entitled to leave her belongings there
I am sorry but there is no basis on which you can dispose of these items until the financial issues are resolved
Clare
Customer: replied 2 years ago.

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 ?

Expert:  Clare replied 2 years ago.
Hi
Moving them is no problem - it was your plan to dispose of them that could have been
You can and should make a formal complaint about the fact that you were not warned that this could be seen as an aggressive step that could impact on the approach that a Court would take
Clare
Customer: replied 2 years ago.

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

Expert:  Clare replied 2 years ago.
Hi
I suggest that you go and discuss the injunction with your solicitor and discuss the position with him fully
Do please feel free to ask me further questions about the financial side of the divorce
Clare
Customer: replied 2 years ago.

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

Expert:  Clare replied 2 years ago.
Hi
How long have you lived together?
Do you still have assets in the States?
What is her financial position?
is there a mortgage?
where did the balance of the funds come from?
Clare
Customer: replied 2 years ago.

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

Expert:  Clare replied 2 years ago.
Hi
How much do you THINK she has taken?
Clare
Customer: replied 2 years ago.

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

Expert:  Clare replied 2 years ago.
Hi
Have you actually applied to the court for the Financial issues to be dealt with?
Clare
Customer: replied 2 years ago.

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

Expert:  Clare replied 2 years ago.
Hi
If your ex will not co-operate then your only option will be to apply to the court for the Financial issues to be dealt with
This will lock you into a court timetable and will give you a process which can allow you to seek further information and to enable you to force her to make full disclosure
Clare
Customer: replied 2 years ago.

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 )

Expert:  Clare replied 2 years ago.
Hi
I would suggest that you do - but it is not unusual to insist on a mutual exchange of information so if you would rather not there is no problem
Clare
Customer: replied 2 years ago.

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

Expert:  Clare replied 2 years ago.
Hi
that is part of the matters considered by the court
Clare
Customer: replied 2 years ago.

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 ?

Expert:  Clare replied 2 years ago.
Hi
At the moment there is insufficient information to assess what the likely outcome will be
The length of the relationship means that the starting point for the division of ALL the assets is 50/50 - which make sit important that you do indeed obtain a full disclosure of all her assets
Clare
Customer: replied 2 years ago.

i am not sure what other information you require ??

Expert:  Clare replied 2 years ago.
Hi
Sorry - I meant that you do not have your ex's information
As I said the starting point is 50/50 - but you do need to find out what finds she has
Clare
Customer: replied 2 years ago.

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 ??

Expert:  Clare replied 2 years ago.
HI
I appreciate that and that is why you may well have to apply to the court so that full disclosure can be forced
Clare

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