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Advice please -complex issue

  • ardmore123
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1 year 8 months ago #505822 by ardmore123
Advice please -complex issue was created by ardmore123
Hi my first post and thanks for any comments or advice.
Well where do I begin it is all very messy to say the least
Some background history...
I work offshore as a consultant and my wife is also a director of my ltd company business.We both take a small salary and share dividends at the end of the year.

She is an ex financial adviser and we have been married for over 30 years.Given that she had great business knowledge I have always left things for her to control including all bills, investments, pensions etc

We have 2 small children and due to the poor health of my oldest child she decided to leave her work and be a stay at home mother.

For the last few years it has become apparent that we are not the same people .We have a shared property worth 300k that I just have moved back into as we cant agree on anything anymore.

We had just 6 months previously bought a new home that she insisted went in her name and we have a shared name mortgage for this.
(170K)

Things have come to a head and I have moved out but as my wife has all relevant info regarding our bank accounts, investments pensions etc and has all relevant passwords etc

I mentioned that I think we should separate and go through mediation but she has not accepted to this as of yet .I know that she has quite a good pension from her time working as a financial advisor and some money that she has invested but kept quiet from me .
She mentioned that I wanted to take her to the cleaners??
But all I want is a fair deal and not to left high and dry as the kids would be my first priority.

Also not sure what to do regarding my ltd company business, how do i go about ending her status as a director if we decide to separate

Any advice or comments would be great as this is the first time I have brought myself to try and see how to progress.

RPH

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  • Pianomanjc3@gmail.com
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1 year 8 months ago #505823 by Pianomanjc3@gmail.com
Replied by Pianomanjc3@gmail.com on topic Re:Advice please -complex issue
Hi,
Sorry to hear you're going through this. I'm sure its all really painful.
Personally, I think its really important to understand what your rights are in your particular circumstances and you shouldn't feel bad wishing to safeguard things from your perspective.
Many solicitors offer a free initial consultation to help answer questions and give you a bit of an idea of what to expect in terms of any potential settlements. I personally found this really helpful and I'd encourage you to do likewise. This can also help with knowing what your rights are for access to paperwork, documents, passwords etc. Doing this ahead of mediation can be really helpful as you can have a clearer (and more objective) view of what may be regarded as 'fair' in your situation.

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1 year 8 months ago #505825 by ardmore123
Replied by ardmore123 on topic Re:Advice please -complex issue
Thank you
Does anyone have any recommendations of a good
family Law solicitor in my Area - Moray, Scotland

I have rang a few locally and only get as far as I can help but will charge you £300 a hour so far.
Recommendations would be good if any one has any for me.

Don't mind paying if they are good at what they do

Thanks
RPH

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  • rubytuesday
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1 year 8 months ago #505836 by rubytuesday
Replied by rubytuesday on topic Re:Advice please -complex issue
You may better looking at family law solicitors in Inverness, rather than your immediate local area, as you are more likely to find a solicitor with the expertise and experience needed for your situation. £300 per hour is very high. My hometown is Elgin (not lived there for 30 years!), and I know that the parochial family law solicitors tend to not be equipped to deal with the more complex cases, which is why I'm suggesting you look at firms in Inverness.

I can't advise on the business aspect of your situation but as far as the rest of your marital assets go I can give you some general information. Marital assets are those which have accrued during the duration of the marriage - up to the agree date of [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url] (often referred to as the relevant date) regardless of whether the assets are in sole or joint names. The only exceptions are inheritance and gifts (providing they remain in their original state ie a lump sum). Pensions are shared on the basis of what was built up during the marriage. Anything that is accrued after the relevant date - even if a couple are still married - is not classed as a marital asset. The division of assets is usually on a fairly even basis - 50/50, it doesn't tend to deviate much from this (so perhaps 55/45 or rarely a 60/40 split). In order for you both to start discussions about dividing the assets, it's important to have full disclosure of what the assets (and liabilities) are.

Most divorcing couples in Scotland do resolve the issues around finances between themselves (usually with the aid of solicitors), very few end up in court with a court resolution. Most couples divorce on the grounds of [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url], either 1 year with consent, or 2 years no consent required. The waiting time is used to sort out the finances, and the child arrangements, which when agreed, are set out in a Separation Agreement (sometimes still called a Minute of Agreement). A divorce application can't be accepted by the court if there are outstanding issues (money and children) to be resolved.

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  • SHAZLOO
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1 year 8 months ago #505848 by SHAZLOO
Replied by SHAZLOO on topic Re:Advice please -complex issue
Really?
My partner got 27%, has to wait another 8 years for his money, has no pension of any value, had major open heart surgery where he nearly lost his life, so now struggling to find full time employment and was left with marital debt to the sum of £40,000.
There is nothing “fair” for the man in divorce. It is totally corrupt and only satisfies greedy ex wives.

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1 year 8 months ago #505849 by rubytuesday
Replied by rubytuesday on topic Re:Advice please -complex issue
SHAZLOO wrote:

Really?
My partner got 27%, has to wait another 8 years for his money, has no pension of any value, had major open heart surgery where he nearly lost his life, so now struggling to find full time employment and was left with marital debt to the sum of £40,000.
There is nothing “fair” for the man in divorce. It is totally corrupt and only satisfies greedy ex wives.


Yes, really.

The op is in Scotland where the law is different to that of England and Wales.

The law in England and Wales does not differentiate between men and women, it is about needs.

Your comment about greedy ex wives is completely out of order. Please remember that Wikivorce is all inclusive, which includes ex wives. If you want to have a rant about your partner's situation please start your own thread rather than hijacking someone else's.

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