Divorce Seperation advice
Discussion
Hi PHers
Looking for some advice/ personal experiances
Myself & my wife have been together 4 1/2 years we have been married for just over 2
Last night we both decided to throw the towel in after a massive argument that could have easily ended in one of us being hurt phsyically.
She has now left the house and went to stay with her parents no idea how long she will stay there for.
Now going forward I obviously want to seperate and get a divorce is the divorce laws any different here in scotland ? whats the best & quickest way to get divorced ?
we have no children together (thankfully) all we have together is the mortgage & a bank account
thanks in advandnced
Looking for some advice/ personal experiances
Myself & my wife have been together 4 1/2 years we have been married for just over 2
Last night we both decided to throw the towel in after a massive argument that could have easily ended in one of us being hurt phsyically.
She has now left the house and went to stay with her parents no idea how long she will stay there for.
Now going forward I obviously want to seperate and get a divorce is the divorce laws any different here in scotland ? whats the best & quickest way to get divorced ?
we have no children together (thankfully) all we have together is the mortgage & a bank account
thanks in advandnced
IF it is well and truely over, and only IF, then stay put, don't move out. Get legal advice and push it all via soliciters. Might cost a tad more but the settlement will be final and, with no children involved, less complex.
If you have equally contributed to the "pot", ie the house wasn't and isn't in your name, no prenups' either way, then it sounds like a 50/50 deal.
You should really make sure it is over before committing to the next stage.
Best of luck.
If you have equally contributed to the "pot", ie the house wasn't and isn't in your name, no prenups' either way, then it sounds like a 50/50 deal.
You should really make sure it is over before committing to the next stage.
Best of luck.
you got 3 choices:
1. Unreasonable behaviour (which whoever is petitioning will have to provide details of specifics)
2. Adultery (some kind of proofrequired, but i doubt this is applicable to you from what you say)
3. Separation of minimum 24 months (i doubt you'll wanna wait that long)
1. Unreasonable behaviour (which whoever is petitioning will have to provide details of specifics)
2. Adultery (some kind of proofrequired, but i doubt this is applicable to you from what you say)
3. Separation of minimum 24 months (i doubt you'll wanna wait that long)
e600 said:
IF it is well and truely over, and only IF, then stay put, don't move out. Get legal advice and push it all via soliciters. Might cost a tad more but the settlement will be final and, with no children involved, less complex.
If you have equally contributed to the "pot", ie the house wasn't and isn't in your name, no prenups' either way, then it sounds like a 50/50 deal.
You should really make sure it is over before committing to the next stage.
Best of luck.
The house is in both names purchased nearly 3 years ago and in the last year she hasnt been working I have been paying her as an employee of my LTD company and recently added her to the company shares so not sure if this changes things ? If you have equally contributed to the "pot", ie the house wasn't and isn't in your name, no prenups' either way, then it sounds like a 50/50 deal.
You should really make sure it is over before committing to the next stage.
Best of luck.
and to reiterate its OVER no IFS or BUTS
EzyQ said:
e600 said:
IF it is well and truely over, and only IF, then stay put, don't move out. Get legal advice and push it all via soliciters. Might cost a tad more but the settlement will be final and, with no children involved, less complex.
If you have equally contributed to the "pot", ie the house wasn't and isn't in your name, no prenups' either way, then it sounds like a 50/50 deal.
You should really make sure it is over before committing to the next stage.
Best of luck.
The house is in both names purchased nearly 3 years ago and in the last year she hasnt been working I have been paying her as an employee of my LTD company and recently added her to the company shares so not sure if this changes things ? If you have equally contributed to the "pot", ie the house wasn't and isn't in your name, no prenups' either way, then it sounds like a 50/50 deal.
You should really make sure it is over before committing to the next stage.
Best of luck.
and to reiterate its OVER no IFS or BUTS
What do you mean, you've added her to the company shares? Do you mean she has been made a shareholder and been given some shares? If so they'll be hers in the overall deal.
REALIST123 said:
If your limited company has been paying her, she been working to all intents and purposes unless you can explain where the money has been going to HMRC.
What do you mean, you've added her to the company shares? Do you mean she has been made a shareholder and been given some shares? If so they'll be hers in the overall deal.
i was the 100% share holder in the company she stopped working in June and went on my company books as employee and just in november I gave her 40% of company shares up to november she had not received anything from the company apart from her salary. ive already emailed the accountant this morning to find out how I can remove her shares if at all possible. What do you mean, you've added her to the company shares? Do you mean she has been made a shareholder and been given some shares? If so they'll be hers in the overall deal.
yeah bit of a blow just over 2 years married but its been brewing for such a long time and I cant take the mental torture any more
Was it brewing in November when you gave her 40% of your company?
Hope it all works out as well as it can for you both. If you both agree that it is over and can both get the outline of a financial settlement together without paying for 2 sets of solicitors next holidays, do try that route.
Hope it all works out as well as it can for you both. If you both agree that it is over and can both get the outline of a financial settlement together without paying for 2 sets of solicitors next holidays, do try that route.
To sell the house when I got divorced (with no kids) Both our solicitors drew up a letter of agreement to sell the house and split the profits/debt and it was dealt with through the solicitors.
The Actual divorce had to wait 12 months of separation as nether of us had committed adultery/unreasonable behaviour.
In Scotland too, hope this helps.
Talk to your solicitor.
The Actual divorce had to wait 12 months of separation as nether of us had committed adultery/unreasonable behaviour.
In Scotland too, hope this helps.
Talk to your solicitor.
EzyQ said:
REALIST123 said:
If your limited company has been paying her, she been working to all intents and purposes unless you can explain where the money has been going to HMRC.
What do you mean, you've added her to the company shares? Do you mean she has been made a shareholder and been given some shares? If so they'll be hers in the overall deal.
i was the 100% share holder in the company she stopped working in June and went on my company books as employee and just in november I gave her 40% of company shares up to november she had not received anything from the company apart from her salary. ive already emailed the accountant this morning to find out how I can remove her shares if at all possible. What do you mean, you've added her to the company shares? Do you mean she has been made a shareholder and been given some shares? If so they'll be hers in the overall deal.
yeah bit of a blow just over 2 years married but its been brewing for such a long time and I cant take the mental torture any more
REALIST123 said:
If they were transferred to her legally and properly, there won't be much chance of 'removing' them without her receiving their value in some way. A 40% shareholding won't allow for much discounting of their value either. What do you reckon the value is?
I had the 100% of the shares @ £1 then dividy them up 60/40% was all legit EzyQ said:
I had the 100% of the shares @ £1 then dividy them up 60/40% was all legit
If I'm missing something obvious let me know, but you have given your wife 40% of your company. She is now 'owed' 40% of whatever your company is worth. That you gave her those shares for a nominal amount doesn't mean she's only entitled to the nominal amount back, as far as I'm aware.Presumably you gave her the shares rather than sold them to her, so the £1 per share is meaningless. She owns 40% of your company and unless she is willing to give you that back, you will need to buy her out (at the true value of the shares) or give her 40% of the profits forever more.
I understand why you did this as I'm just going through the process myself (share division not divorce) and this is the downside.
I understand why you did this as I'm just going through the process myself (share division not divorce) and this is the downside.
Edited by General Fluff on Monday 5th January 14:15
NZ and the UK have very similar legal principles, and I had this sort of scenario recently with some shares in a company here in NZ.
As the OP is the majority shareholder, he can ensure he is the only director and can become the ONLY person authorised to change the company register at the companies office. (assuming this is the same procedure as NZ).
In my case I simply transferred shares to myself (the person concerned was a thief BTW).
The records then simply showed he didn't have any shares, and therefore had no rights to anything.
Trying to instigate legal action action under these circumstances would be fraught with problems, the police would regard it as civil - a lawyer's going to want lots of money up front.
Another possibility is starting another company, and swapping names.
At the end of the day, who is going to spend lots of money pursuing a private Ltd company with a small turnover?
As the OP is the majority shareholder, he can ensure he is the only director and can become the ONLY person authorised to change the company register at the companies office. (assuming this is the same procedure as NZ).
In my case I simply transferred shares to myself (the person concerned was a thief BTW).
The records then simply showed he didn't have any shares, and therefore had no rights to anything.
Trying to instigate legal action action under these circumstances would be fraught with problems, the police would regard it as civil - a lawyer's going to want lots of money up front.
Another possibility is starting another company, and swapping names.
At the end of the day, who is going to spend lots of money pursuing a private Ltd company with a small turnover?
General Fluff said:
Presumably you gave her the shares rather than sold them to her, so the £1 per share is meaningless. She owns 40% of your company and unless she is willing to give you that back, you will need to buy her out (at the true value of the shares) or give her 40% of the profits forever more.
I understand why you did this as I'm just going through the process myself (share division not divorce) and this is the downside.
yeah the shares were given without charge, im guessing the best option is to buy her out still waiting to see what my account says... I understand why you did this as I'm just going through the process myself (share division not divorce) and this is the downside.
Edited by General Fluff on Monday 5th January 14:15
im guessing the company value would be after tax what the profit margin is ?
caziques said:
NZ and the UK have very similar legal principles, and I had this sort of scenario recently with some shares in a company here in NZ.
As the OP is the majority shareholder, he can ensure he is the only director and can become the ONLY person authorised to change the company register at the companies office. (assuming this is the same procedure as NZ).
In my case I simply transferred shares to myself (the person concerned was a thief BTW).
The records then simply showed he didn't have any shares, and therefore had no rights to anything.
Trying to instigate legal action action under these circumstances would be fraught with problems, the police would regard it as civil - a lawyer's going to want lots of money up front.
Another possibility is starting another company, and swapping names.
At the end of the day, who is going to spend lots of money pursuing a private Ltd company with a small turnover?
that sounds promising, my wife was the secrety on my last company which stopped trading in june 2013 year, due to over payments to HMRC ive been waiting for a refund which i received just before xmas and then submitted the DS01 to companies house so the old company will be shut down soon so she wont have any ties to that plus its balance is £0 As the OP is the majority shareholder, he can ensure he is the only director and can become the ONLY person authorised to change the company register at the companies office. (assuming this is the same procedure as NZ).
In my case I simply transferred shares to myself (the person concerned was a thief BTW).
The records then simply showed he didn't have any shares, and therefore had no rights to anything.
Trying to instigate legal action action under these circumstances would be fraught with problems, the police would regard it as civil - a lawyer's going to want lots of money up front.
Another possibility is starting another company, and swapping names.
At the end of the day, who is going to spend lots of money pursuing a private Ltd company with a small turnover?
the new company was started in may last year and im the sole director she was added as an employee then I did a stock transfer of shares in november.
Im not looking to start another company but if needs must then so be it
My life would have been a lot easier if I had worked out a few years ago how small, private, Ltd liability companies actually operate.
As a director you must act in the best interests of the company at all times.
If you think transferring the shares back to yourself is the best thing to do, just do it.
As a director you must act in the best interests of the company at all times.
If you think transferring the shares back to yourself is the best thing to do, just do it.
EzyQ said:
Now going forward I obviously want to seperate and get a divorce is the divorce laws any different here in scotland ?
The short answer is yes.The first thing to understand is that Scotland is a different country from E&W, where the law is concerned. Especially with regard to financial provision. So I suggest discounting any response which is based on what happens south of the border.
These links may be of some assistance. The second one mentions the two relevant Acts which you need to peruse.
http://divorcelawscotland.com/news/scotland-v-engl...
http://www.familylawweek.co.uk/site.aspx?i=ed81249
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