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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10275
Experience:  30 years as a practising solicitor.
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My divorce hearing no doubt will be one by the summer I believe

Resolved Question:

My divorce hearing no doubt will be one by the summer I believe they are having a debate first as my side believe they cannot reply with defences as my ex wife's claims are all over the place My side asked for a debate and the law Lord allowed it
1. What actually will happen at this debate. Who's favour will it go in
2. I am being informed that my ex wife is still going after a capital sum and I don't have any as you may recall the capital sum was owned by my daughter as shareholder of the company and she received the money after a full proceeds of Crome investigation after the PF froze my daughters assets after a court order back in 2011. My daughter has spent and invested the money abroad in 2012 . What can the court do about this if they decide my ex wife can have a capital sum. Can my daughter be involved again ? Can they freeze what little assets she has . Can they freeze her home?
Submitted: 10 months ago.
Category: Scots Law
Expert:  JGM replied 10 months ago.
1. A debate is where one side argues that even if the other side was able to prove everything they said in their written case, that proof would not allow the remedy being sought from the court. From what you say your lawyers are saying that your wife's written case is lacking in specification and irrelevant. I've not seen the pleadings but if this is the case, your wife's case could be thrown out or she could be barred from leading evidence on the bits that aren't relevant. Her lawyers may ask the court to fix any bits of the pleadings that are irrelevant or lacking in specification and the court has a discretion whether to allow that or not.2. If the court awards a capital sum and you don't have the money then your wife won't be able to enforce the order. She can't try to get it from your daughter unless your daughter has a duty to account to you for the money, which from recollection isn't the case.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10275
Experience: 30 years as a practising solicitor.
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