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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I am a British Citizen but living in Spain years.

Customer Question

Hi, I am a British Citizen but living in Spain for 13 years. My husband left me and our child and i tried to divorce in the uk in 2015 but because of jurisdiction I had to divorce in Spain. My husband had £170,000.00 in shares and he signed a undertaking in the uk not to dispose of the shares. When in the Spanish courts in Novemeber 2015 he told the courts he had sold the shares without informing me. He signed a undertaking that if he sold the shares he might go to prison. Where do I stand with this?
Best Maria
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months 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.
Could you explain how the Undertaking came into being?
Clare
Customer: replied 10 months ago.
Hi Clare Yes I was trying to divorce my husband in the UK. i knew he had received 1.2 million from shares, he claimed he didnt but he also had other shares in the USA. So when he had to submit what he had these shares came up and his lawyer got him to sign a undertaking that he would not dispose of the shares. By the time I applied for a divorce in Spain he claimed he sold them. In Spain he only had to declaim what he had in Spain.
Customer: replied 10 months ago.
Hello
Expert:  Clare replied 10 months ago.
Hi
What happened to those proceedings - how were they ended
Clare
Customer: replied 10 months ago.
I am sorry Clare I can not really afford to pay any more. I have a 40,000euro lawyer bill already that I have to pay regarding my divorce here in Spain, I ended up with a compension of 12,000 euros for 15 years of marriage. I have nothing.
Customer: replied 10 months ago.
My husband ended up keeping his £1,750,000.00 because he took everything out of Spain.
Expert:  Clare replied 10 months ago.
Hi
You do not need to pay a penny more - just ignore any popups -
Clare
Customer: replied 10 months ago.
Thank you Clare, shall I call you, I have a UK phone number?
Customer: replied 10 months ago.
Or my number is *****(###) ###-####
Customer: replied 10 months ago.
Not whats happening?
Customer: replied 10 months ago.
Hello ClareIs there a problem?
Expert:  Clare replied 10 months ago.
Hi
My apologies
I cannot deal with the matter by telephone without the site charging extra money
However we can continue on line if you wish.
Clare
Customer: replied 10 months ago.
Yes I would like to continue
Customer: replied 10 months ago.
Is there perhaps another lawyer who can help as you dont seem to have the time to reply?
Customer: replied 10 months ago.
We've been online for over 2 hours and you've not said anything! Im sure this is not normal as i have used this service before!
Expert:  Clare replied 10 months ago.
My apologies for the delay.We are all working lawyers and at this time of day this can lead to delays in response.I asked how the proceedings in the Uk ended - were they dismissed or withdrawn?
Customer: replied 10 months ago.
Withdrawn
Expert:  Clare replied 10 months ago.
OKSo the proceedings were withdrawnBut the financial negotiations in Spain could not cover the assets that the UK proceedings were dealing with - is that correct?
Customer: replied 10 months ago.
No the Spanish courts are only interested in what he had here in Spain and anything outside of Spain is his!
Customer: replied 10 months ago.
So when my husband received £1.2 million of shares he had in the UK he took the money and disposed of it but spent £170,000 and bought shares on the USA market of which I have proof. but he also signed a undertaking in the UK that he would not dispose of these shares, but by the time we went to court for the divorce in Spain he had sold them, or so he said. The courts didnt need any prove, it was his word against mine.
Expert:  Clare replied 10 months ago.
Hi
Best guess on where the money went?
Clare
Customer: replied 10 months ago.
And because i have the undertaking that he signed in the UK as this was where we were originally going to divorce but I had to pull out as I was told the UK was no longer my jurisdiction I had to withdraw. My husband signed the undertaking at that time saying he would not dispose of the shares. I want to know where I stand by taking court actions against him to recover the money from the shares. The undertaking he signed said he would go to prison if he disposed of the shares,
Expert:  Clare replied 10 months ago.
Hi
Where do you think the money went and who told you you could not continue in the UK?
Clare
Customer: replied 10 months ago.
Hi ClareLook probably the best thing for me to do is to ask you to tell Just Answer not to process this change for this conversation, you obviously don't have the time to answer my question and I probably should go seek a lawyer face to face on this matter. Thank you for your time anyway.Regards
Maria McGrath
Expert:  Clare replied 10 months ago.
Hi
i am happy to answer your question but at this point am asking the questions I need to ask to find a way through this for you.
Technically your ex is correct his undertaking died with the proceedings HOWEVER that does not mean that there is no other way forward, but in order to establish the options there is further information that is required.
Clare
Customer: replied 10 months ago.
Hi Clare, What further information do you need?
Expert:  Clare replied 10 months ago.
HI
Where do you think the money went and who told you you could not continue in the UK?
Clare

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