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Ask Harris Your Own Question
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Husband is married to wife years with 2 children. He

Customer Question

Husband is married to wife for ten years with 2 children . He remarries islamically to another lady who comes on a visit visa to London before filing for divorce . Husband closes his business limited companies on a voluntary closure of companies and business bank account and personal bank accounts and then files for divorce .
Can the wife argue about the assets and capital involved in the limited company which has been liquidised on voluntary basis and husband is now working on the same business as a paid worker of his brother in the new company .
Husband is paying for a mortgage and getting the rent of a house which is in the name of husband father . Husband father is bankrupt . Can the wife claim her financial interest in this house which belongs to husband father but husband has been paying the mortgage and gets the rent in his account .
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-Are you referring to the Islamic wife or the first wife?

-What other assets and pensions do you they have (both sole and joint), together with values?
-What are their respective incomes?
-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?

Customer: replied 1 year ago.
I am the first wife going through divorce while the Islamic life has gone back home waiting for my husband to sponsor her in wife visa .My 1st question is about the limited company which the husband did a voluntary liquidation after get married islamically to the second wife .
Then after closing the bank accounts for that limited company he filed the divorce petition .Can I claim my share as there was assets , equipment involved in that business.
Husband is now working on the same business as a paid worker for his brother until he is going through financial settlement .Second issue is that husband pays for a 5 bedroom house where private tenants live and pays for the mortgage and gets the rent from the property .
But the 5 bed house is in husband father name who is bankrupt .
Can the 1st wife claim her interest in this 5 bed house which the husband is paying mortgage and getting the rent .
Expert:  Harris replied 1 year ago.

Thank you for confirming. You can make an application for financial relief which will take into consideration all matrimonial assets. He will need to disclose what has happened to the assets of the business and what benefit he obtained from the liquidation and where any money has gone. Given the potential complexity of his business arrangement, the court may wish to investigate this and a court will decide what to do based on what his true interest is and they can ignore the actual structure of the company if it is intended to defeat any claim that you make.

In relation to the home, if you can prove he has the true interest in the property and not his father, then you can make a claim towards the property, however if you cannot prove this then you cannot make a claim towards it as part of the divorce.

As part of the financial negotiations and any court proceedings you will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you