divorcing..rights to access Accounts
divorcing..rights to access Accounts
Author
Discussion

Mattlan

Original Poster:

394 posts

225 months

Wednesday 3rd February 2010
quotequote all
Colleague is getting divorced. Wife's solicitor has asked for latest Company ( of which he is a Director) accounts and ongoing management accounts despite the fact that he does not take a salary or dividends...A)does the lawyer have a right to see company Accounts B)can he demand management accounts from us? Many thanks for your help!

davido140

9,614 posts

246 months

Wednesday 3rd February 2010
quotequote all
yes and no. They are trying it on to get a better picture of your colleagues "worth" to see how much they can rinse him for.

If they want the accounts tell them to fk off and pay for the publicly available ones from companies house.

They have no right to see the management accounts.

No idea if she will be entitled to a chunk of the business, It "should" just be a portion of his income from the business (if anything)

Been through something similar with the CSA myself.

TooLateForAName

4,902 posts

204 months

Wednesday 3rd February 2010
quotequote all
Are the accounts available at companies house? I don't see any reason that a private company should make its accounts available.

Management accounts are internal documents - Is there a court order?

I'd take the view that I see no obligation to provide any info to anyone outside of the legal requirements.

If the director choses to pass the info he has on then thats his concern - keep the company out of it unless a court orders the relase of info.

imho, ianal, ianaa, ymmv

Murray993

1,515 posts

253 months

Wednesday 3rd February 2010
quotequote all
good luck

rocksteadyeddie

7,971 posts

247 months

Wednesday 3rd February 2010
quotequote all
Murray993 said:
good luck
^^ this ^^

dirty boy

14,802 posts

229 months

Wednesday 3rd February 2010
quotequote all
Mattlan said:
Colleague is getting divorced. Wife's solicitor has asked for latest Company ( of which he is a Director) accounts and ongoing management accounts despite the fact that he does not take a salary or dividends...A)does the lawyer have a right to see company Accounts B)can he demand management accounts from us? Many thanks for your help!
They don't have to give them I suppose, but, if it's a Limited Company, some relevant information is available off the Companies House website anyway.

If it goes to court, he will have to fill in the E Form anyway, and that would involve declaring his company 'worth' anyway.

He should seek legal advice immediately, or, alternatively just offer her a 'fair' settlement in the first place and save costs on both sides.