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Joshua, Lawyer
Category: Family Law
Satisfied Customers: 31766
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am currently going through a divorce. We are mutually

Customer Question

HelloI am currently going through a divorce. We are mutually completing a consent order. Once the consent order has been granted, I’d like to start a new business. Although the divorce at that stage may not have been fully completed, would it be possible for me to start a new business, and my spouse have no legal right to my business? Despite the divorce not been finalised at that point.
JA: What are the assets involved here? Are there any minor children?
Customer: Main asset is the house.
JA: Were any marital funds used for the mortgage or property improvements?
Customer: No. We have decided between us the final consent order.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 19 days ago.
Category: Family Law
Expert:  Joshua replied 19 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 19 days ago.

  1. I'm sorry to read of the above. Mayor confirm approximately how long you were married please?
  2. from what you say, you have reached a point where you have substantially or perhaps even fully agreed the terms of the consent order. Have either of you yet signed the agreement you have reached?
  3. in terms of your new business, would you be committing any significant assets to that new business initially which for example you may be dependent on from the divorce?

Customer: replied 19 days ago.
HelloWe married in June 2019.We have fully agreed the terms of the consent order, ready in preparation to submit the consent order at the decree Nisi stage.Yes for my new business, I would be dependent on funds from our pending house sale.
Expert:  Joshua replied 19 days ago.

thank you. Based on what you say, your marriage would be deemed by the courts as a so-called short marriage and as such, the starting point at least four courts would be to put the parties back in substantially the same position they were in prior to the marriage in terms of their own assets and then look to divide any assets that have been jointly acquired during  the marriage between you. However, from what you say, you have largely agreed terms so this element maybe unlikely to be of particular interest or issue.

In terms of starting a new business, naturally, until such time as the consent order is sealed by the court, it is in principle open to either of you to revisit the terms of the consent order however, any attempt to change the terms other than by agreement would largely be tested by the above guiding principles and accordingly, whether any attempt to change the terms would be a realistic would depend upon the nature of the changes that were sort.

However, even if you take the view that the terms of the consent order cannot realistically be changed to any great extent there is still the scope for potential delay and dispute meaning that you may not obtain assets and funds ( which you do not already control) for some time longer than you currently believe may be the case and as such, you should be cautious in terms of committing to any liabilities which you cannot fund without dependence on your divorce settlement. in terms of assessing this risk, it is likely to be a matter of fact and degree and your general appetite for risk in this regard

Expert:  Joshua replied 18 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 18 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 17 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.