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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I separated from my wife approximately 6 years ago, and bought

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I separated from my wife approximately 6 years ago, and bought a house of my own three years ago, which Ive since sold. My wife filed for divorce in October 2014, has not applied for a decree nisi but she has blocked me from receiving the proceeds of the sale of my house. She has never set foot in my house btw. She is living in the former marital home and effectively has the bulk of our assets already.
I am trying to reach a financial settlement and have kept on increasing my offer from 50% to 100% of our assets, but still she wont agree to my offer. She didn't attend mediation and I am in the process of taking her to court for a financial resolution but this will take many weeks. I owe this money to HMRC and fines and interest which have already reached £30,000, money that I do not have. Whilst I await a financial resolution, can I unblock the money? What legal right does she have, if any, to block the money? Ive agreed to give her whatever she needs so there is no dispute in that sense, she just refuses to agree to anything.
Hi, thanks for your question. I am a qualified family law solicitor.
Where are the funds that will cover the HMRC debt?
Until a financial settlement has been achieved, any sale of property or assets will be considered dissipation and your wife can claim financial misconduct as she has a right for all assets to be considered as part of the financial proceedings. If she claims financial misconduct she would likely ask to be compensated for assets that had been sold.
Given that she is refusing to all proposals you have made and mediation is ineffective I would suggest that you pursue an immediate application to court for financial relief. Proceedings will take between 6-12 months if no agreement can be reached beforehand and if she continues to refuse proposals it will be up to the judge to decide how assets should be distributed between you.
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