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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4703
Experience:  Solicitor
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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 the ability to access to it, howevershe 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 included things such as 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? And if she cannot prosecute for fraud could she do so for theft?
Submitted: 12 months ago.
Category: Law
Expert:  Jamie-Law replied 12 months ago.

Hello my name is ***** ***** I will help you with this.

Did you have permission to move the money please?

Customer: replied 12 months ago.
No not all of it. About 20% yes.
Expert:  Jamie-Law replied 12 months ago.

Did she know about it? She benefitted from it too?

Customer: replied 12 months ago.
No she didn't know until nationwide contacted her. She was aware of the withdrawal for about 20% of the amount. The rest she was not aware of. She received some benefit from it yes although she could also argue she did not benefit 100%.
Expert:  Jamie-Law replied 12 months ago.

this is blackmail. She is threatening to do something in effect if you don't pay her.

How much are we taking about?

Customer: replied 12 months ago.
Total just under £30k. Of which half was paid in by me.
There is now £1500 left. She was aware in advance I withdrew £4500 but she saying she will get the police to prosecute me for the £24k she did not agree to.
Expert:  Jamie-Law replied 12 months ago.

ok. She can't threaten you. It's nothing to do with her. If she informs the police then she can be prosecuted as well for knowing some of it and also benefiting.

Therefore she can't use this as a threat, its blackmail.

Can I clairfy anything for you about this today please?

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