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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My husband entered into a partnership agreement, using joint

Customer Question

My husband entered into a partnership agreement, using joint funds against my wishes, without using a solicitor (which I had insisted on), then withheld the contract from me for 10 months. For various reasons I do not believe the contract to be valid, can I take action to cancel/suspend this agreement?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : What are the reasons you consider the agreement to be invalid please?
Alex Watts : I assume it was not a partnership agreement between you and him?
Customer:

No, with two other people

Alex Watts : Ok. When you say the contract is invalid on what basis please?
Customer:

The contract was put together by the 3 of them. It is one page long, and to be frank is a joke, it starts with the fact that business name is ***** ***** gets progessively worse

Alex Watts : Can you put a copy of the document here?
Customer:

I can later today when I get home, itis

Alex Watts : Ok. Are you a party to the agreement at all?
Customer:

I can later today, I have it on my laptop unfortunately I am using a tablet away from home and only have paper copy available.

Customer:

I can later today, I have it on my laptop but I am using my bo

Customer:

No I am not party to the agreement at all

Alex Watts : Ok let us speak later
Customer: Ok thank you, ***** ***** be home about 4.45
Alex Watts : Ok
Customer: replied 2 years ago.

Hi Alex

I am now home will just work out how to attach file
scan of document

Customer: replied 2 years ago.

Customer: replied 2 years ago.

Apologies for sending that twice, hopefully shouldn't have any more typos like above, not very good using tablets.

Expert:  Ash replied 2 years ago.
Thank you. On what basis do you say this is not legal?
Customer: replied 2 years ago.

Just a general feeling due to lack of information and that others who have read it think it is laughable and dangerous, not dated, not witnessed, lease runs out in 104 years time, and to be honest, it does not reflect at all what my husband led me to understand it would contain.

Given the circumstances under which it was done, it is more that as joint money was used, without my agreeing, that is was not legally drawn up, that it was withheld from me for 10 months, that I have no legal protection from the clauses in it, that my husband states he paid £10,000 for his share, of which he refuses to provide proof

Expert:  Ash replied 2 years ago.
Ok it's bad news to be honest. In order to have a partnership you don't even need a written legal agreement. The partnership act allows parties to enter a contract verbally.
If your partner used funds against your wishes that does not mean the agreement is invalid. That is a dispute between you and him. It seems to be that if he used funds to which he was not entitled it may be theft or fraud which should be reported to the police - but that in itself does not invalidate the partnership agreement itself.
Further it does not need to be a solicitor that has drawn up a contract to be valid. It can be, like this on a scrap of paper. All a contract is, is the words that have been agreed between the parties, it does not need to have a legal format.
Whatever terms are agreed can be written down like they have. The fact it was not drawn up by a solicitor and was kept from you does not make it invalid.
I have looked at the document and whilst not very well drafted it does not seem to be illegal.
If there is any dispute it appears to be between your husband and you and not the partners. That does not invalidate the agreement just because it is without your consent. Your husband is free to enter into any contract he wishes, just as you are.
Therefore based on what I have seen there is nothing illegal about the contract.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

No that is fine thank you. It was money well spent to get some clarification on it.

Thank you for your time

Expert:  Ash replied 2 years ago.
Thank you for your reply and I am sorry it's not better news,
Please do take a moment to rate my service before you leave today. Good luck with this.
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.
Customer: replied 2 years ago.
Hi Alex,

As it relates to the contract, don't think there is anything else you can help me with. I suspect my matrimonial proceedings which will start soon, will deal with this and any other problems that arise from it.

Thank you for your time and help
Expert:  Ash replied 2 years ago.
Happy to age tried to help.

Alex

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