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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33383
Experience:  Over twenty-five years experience
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I have been divorced since 2013, at which time my two

Customer Question

I have been divorced since 2013, at which time my two children were at private school. since then they have left their respective schools. at the time of our divorce in 2013 we neglected to deal with an issue of the deposits that were paid into the children's
school. the first was paid in Dec 2008 for £1,500 the second was paid two years later in 2010 and was for the sum of £2,000. both sums were issued/paid out from funds from a limited company via a company cheque book. are the deposits still consider to be part
of the company or should they be deemed matrimonial assets and thereby divided equally between us ie £1,750 each or can the sum of £3,000 be considered as company money and returned to the company
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
Was the question of finances dealt with by way of a court order? Was the payment of a deposit a gift by the company?
Customer: replied 2 years ago.
there was a court order made but it was not made as a result of a hearing but by agreement, but it did not deal with this issue as we both forget to detail its existence at the time of agreeing the order in 2013. I have no idea of whether the deposit was a gift I assume it matters but why?. all I know is that the company has not traded since 2011 but is still registered at companies house.
Expert:  Thomas Judge replied 2 years ago.
I am just unclear as to why the company paid the school fees
Customer: replied 2 years ago.
the company didn't pay the school fees, they just gave the school a deposit. so a sum of £3,000 moved from a company bank account to the schools bank account and sat there for 7 years until are children left that school. since the company is no longer trading I assume my wife who is the company director wants the money returned to the company so that she can then draw down on it as her money rather than it be considered marital funds and thereby be split equally
Expert:  Thomas Judge replied 2 years ago.
I see. I take the view that the money was clearly a joint asset at the time and as such if it is being returned to you should be split. Happy to discuss. Please rate positive.
Expert:  Thomas Judge replied 2 years ago.
Can you please rate positive - thanks
Customer: replied 2 years ago.
what case law is there for money held in reserve accounts of divorced couples and how they should be treated. I am going to court on Thursday to dispute that the school deposit of £3,000 whilst issued from a company account at the time when we were married should now be split equally between us and not be returned to a company that has not traded since 2011 and will therefore not form working capital, as the company is effectively dormant. there must be legal point here and on tested in a case surly
Expert:  Thomas Judge replied 2 years ago.
Please rate the first question positive and I will consider the second for you