How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6959
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
12609314
Type Your Law Question Here...
Michael Holly is online now

I am currently in the process of getting divorced. As

Resolved Question:

I am currently in the process of getting divorced. As leverage against me, my wife is threatening to have nationwide prosecute me for fraud as I moved money from an online account in her name. I can prove I paid equal money into the account and can demonstrate she knew I had access to it, however she is saying as she didn't move the money or give express permission for me to do so it was fraudulently taken. The money was used to cover the gap between incomings and outgoing so including our son's nursery fees.
If I don't agree to the divorce settlement she wants she is planning on trying to get me prosecuted and because I work in the financial services suggesting I will lose my job. If I don't agree to the divorce settlement then what are the likely outcomes on the fraud prosecutions?
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

If she knew you were doing it and you gave value for the money it cannot be fraud, there is no gain.

The police will not be interested in this but will tell her to sue you in the civil courts if she thinks she has a claim.

Best regards

Michael

Michael Holly and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
What about if she only knew about the withdrawal of part of the funds? And also could she try and prosecute for theft instead of fraud then? Ultimately the house will see and so she will get her share of the money back.