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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
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Hi My wife and I are currently separated and want to divorce

Customer Question

Hi

My wife and I are currently separated and want to divorce out side of the courts.

In the past I did send some inappropriate photos over the internet.

My wife has threatened to send these out to my employers and everyone who knows me if I do not agree to some financial demands.

Even if I agree she would keep these to ensure that I honour these payments.
I have explained that once an agreement is made it can only be changed as far as I know by going to court

I feel that I am being blackmailed and that this threat would always be there even though I kept up the payments
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You are being blackmailed and you have to nip this in the bud immediately, preferably by getting a court order for return of the pictures and an interdict to prevent your wife from distributing them. You should also call her bluff by saying that you have taken legal advice and won't be discussing any financial issues at all until the pictures are returned and you have her signed assurance that she has no copies.

As this is blackmail you should also threaten a report to the police.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for the reply


I do not think she will go down this route but it was what her lawyer advised.


My wife even said that the lawyer would give advise of who to send the to.


I just thought the lawyer would also be guilty of blackmail

Expert:  JGM replied 3 years ago.
The lawyer should not have advised this and could be at risk of being guilty of conspiracy to commit an offence.
Customer: replied 3 years ago.

HI


 


Can you tell me were you are based

Expert:  JGM replied 3 years ago.
Scotland.
Customer: replied 3 years ago.

Thanks


 


Can you tell me what area of Scotland


 


Thanks


 


 


George

Expert:  JGM replied 3 years ago.
Glasgow.
Customer: replied 3 years ago.

Thanks


 


I have drafted 3 proposals for a separation agreement but want some advise before presenting these to my wife as I not want either of us to lose out before coming to an agreement.


Feel that both need some advise and protection.


Currently I am offshore and it is difficult to have private conversations and I need to do a lot of communication via email.


Note I know that this would be outside of the any question limits and would need to have a face to face meeting at some point


 


Regards


 


George

Expert:  JGM replied 3 years ago.
You can start a new question about this and upload the documents via Skydrive or similar and send me the links. Experts on JustAnswer aren't allowed to take customers on as private clients but I can help you with the documents if you send them via another question and offer a reasonable price for the time it will take to look at these.
Customer: replied 3 years ago.

Hi


 


This will take me a couple of days to put together an look at sky dive


 


George

Customer: replied 3 years ago.

Hi


 


My question would be what option should I follow shown on the following link.


Can you please give me a clue to what I would pay for this advise and who you would recommend if you cannot take me on as a client.


This would all be outside of the just answer service and I would cease to use this service


 


http://1drv.ms/1i6saon


 


Thanks


 


George

Expert:  JGM replied 3 years ago.
I will look at your link later tonight. As far as representation is concerned, experts on JustAnswer can't take on customers as clients nor can they recommend representation. You can contact the Law Society of Scotland for a recommendation for a dedicated family law specialist.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi


 


Thanks for the reply


 


Regards


 


George

Expert:  JGM replied 3 years ago.
I've read your word document. Are you not being a bit generous to her? I suppose we have to know the value of your company. If I've missed that then perhaps you could tell me where the value of the company is in your document. If it's not there do you know what the value is?

I presume you want to keep the company in its entirety and are offering her a bigger share for that reason?
Customer: replied 3 years ago.

Hi


 


The company has no assets as it is a service supply company that I use for myself working only.


 


I was thinking that I was being a bit generous and that is why I have made the 3 options.


 


At one point my wife went to a lawyer who said she would due more than 50% split as she gave up her career to look after the kids.


The same lawyer who said she needed my permission to buy food?


 


I am struggling to figure out how the % split is agreed


 


My own view is that if it we went to court we would both lose out as I think it would be option 1 sell every thing and split the proceeds with a higher % to Anne but no payments after this.


 


Could you give an indication of what the %split would be or what is the normal maximum as at one point some said her Anne the main house and nothing else.


I pointed out that she would still have the bills to pay?


 


Thanks for the quick reply


 


George


 

Expert:  JGM replied 3 years ago.
It is no longer normal for a court to give the wife a larger share because of children so her lawyer is not necessarily right on that and certainly isn't right on the food issue.

A court would order a 50:50 split in a manner most convenient for both of the parties and would expect the parties to state their wishes as to the method of division. The court won't just liquidate assets for the sake of it.
Customer: replied 3 years ago.

Hi


 


Thanks for the quick reply.


It now looks as if I need to speak to a lawyer regarding the split but it looks as if it would be better if we went to option 3 with a 50/50 split and myself paying money over a 3 year period.


 


Thanks


 


George

Expert:  JGM replied 3 years ago.
That is my feeling, yes.
Customer: replied 3 years ago.

Hi


 


I need to ask another question


 


I am currently off-shore and due off later today.


Just had a call from our materials department in Heysham who said that some one called in asking for my new address and girl friends name.


They said that were either a friend of the family or my nieces mum who I had not seen since x-mass.


They also said they were going to call other people who know me.


I have emailed my wife to say it can only be one of three people and have asked her to ask them to stop.


 


My wife will come back and she has no control over what other people do but I at the stage were I will get the police involved if need be as getting to the point that again getting harassed.


Ok I have left and I know people are hurt but they need to keep out of my wife's and mine own business.


 


Also thinking about reducing the amount I pay as I feel I am getting again blackmailed in a round about way?


 


George

Expert:  JGM replied 3 years ago.
This is not a criminal matter so the police are unlikely to get involved unless there is a suggestion of a threat to you.

You should get your solicitor to write to the persons concerned but you would have to know specifically who they are before going for a protection from harassment order.

As far as maintenance is concerned what you are due to pay relates solely to your respective finances and not any other issues.