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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 1489
Experience:  Consultant Solicitor at Setfords
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My ex husband is threatening me with action under a section

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My ex husband is threatening me with action under a section 37 of a matrimonial 1973 act because I am to receive a large amount of compensation in respect of a claim I made in my name only. Because the money hasn’t come yet and he is desperate for what he thinks he is due to. Can he do this?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No we are just in the process of getting divorced which he filed for
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: North yorkshire
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Customer: replied 8 days ago.
My ex husbands solicitor said that if I don’t have the money by Friday 11th October she will apply to the court for an order under section 37 of the matrimonial causes act to prevent me in dealing with the funds in anyway. Are they able to do this and how likely are they to be successful. How can they stop me dealing with the funds when i haven’t even received them myself yet?

Hello, my name is Marcus.

You refer to a compensation claim can you explain more about this please.

Thank you.

Customer: replied 8 days ago.
A few years ago I had some racehorses and the trainer was found to have acted very dishonestly towards me. He also lost my husband some business as he also works in the racing industry. The claim was in my name only. I was compensated £500,000. We haven’t sorted out any financial order in the divorce as yet. I did put £80,000 into my husbands mother’s council house to buy it so surely all that would come into consideration?

Hello,

Really there are 2 issues being the extent of the compensation being marital and being taken into account in any settlement and the perserving of the funds - once received - until an agreement has been reached.

In reality if an application was made the court would freeze the compensation until such time that an agreement had been reached.

That is not to say it will be pre judged that the compensation represents marital assets only that it should be retained until an agreement has been reached.

Thank you.

Customer: replied 8 days ago.
How could the court freeze the compensation though when I haven’t received it yet?

Hello,

You are right that the court cannot do anything at this stage but they can make such an order when it arrives.

I presume that you have explained to the other side that you have not received anything as yet.

Thank you

Customer: replied 8 days ago.
I have. Can they not approach my solicitor and freeze it with him before I even get it? Also how much would such an order cost?

Hello,

If you have a solicitor then they should be able to deal with the matter and agree for the funds to be held pending agreement to prevent the necessity of an application to the court.

Thank you.

Marcus.

Customer: replied 8 days ago.
But if my ex husband makes such an application would the court approach my solicitor rather than myself to freeze the funds?

Hello,

It depends whether your solicitor is on record as acting for you.

This should be a simple matter that your solicitor can deal with directly with the otherside without a need for any application to the court.

Have you not discussed this with your solicitor?

Thank you

Hello, I would be most grateful if you would kindly rate my answer to enable me to get credit for it.

 

If you have any further questions please do not hesitate to ask.

 

Thank you.

 

Marcus.

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