Thank you. There are a whole load of practical difficulties for someone in Russia bringing a claim against someone in England. That isn’t to say that it can’t be done meanwhile, you would have to defend the wife’s claim which is going to cost you money even if you got a costs order against the claimant. If you did get a costs order against the claimant because you won in court and her claim failed, the chances are you getting that money from Russia are going to be remote in the extreme.
Unfortunately, because the English legal system is less corrupt than the Russian system the odds are waited in her favour.
There are a variety of ways of dealing with this.
Your husband may or may not have agreed to pay this money to her. She is probably chancing her arm.
My first suggestion would be to agree to pay her £5000 in full and final settlement. It’s going to be cheaper than going to court and is risk-free. I will say that if she went to court, I think it unlikely she would win but there is a chance. She is also not going to be able to enforce alleged maintenance payments going back 10 years.
Second suggestion: As the situation is at the moment, the solicitor could basically be hanging on to the money indefinitely. there is no reason why he could not distribute at least 50% of the money now even if he is worried about a claim. he needs to contact the solicitors and give them an absolute deadline to issue proceedings failing which he will distribute the estate. He appears to be being dilatory for some reason. If he does give an absolute deadline to issue proceedings and they don’t issue them, and he distributes the estate and they subsequently bring a claim against him, he can produce his correspondence that he acted reasonably with a view to getting the matter thrown out. He can’t just sit there and do nothing! If doing that, the solicitor would take out an indemnity policy on the off chance that they do bring legal proceedings which at least that he would be insured against.
Third suggestion: I don’t know what the Russian property is worth and there are certain practical difficulties in getting an accurate valuation and disposal and getting the assets, but it might be worthwhile offering to transfer the property to her in total provided she accepts that in full and final settlement.
Can I clarify anything for you?
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