capital subject to negotiations in divorce proceedings

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  • #38300
    Anonymous
    Guest

    Hi

    I am surfing previous posts researching capital currently subject to negotiations in a divorce.

    Claimant is now a single parent in private let.
    Estranged husband is in jointly owned matrimonial home on his own.
    2nd investment property (jointly owned)has just been sold.

    From my reading of previous posts I am thinking I will disregard the “profit” from the 2nd investment property whilst the negotiations towards a divorce settelement are ongoing because they are only part of a bigger process. Claimant has advised she has no access to this profit. It is being used to pay off matrimonial debts as part of the negotiation toward a lump sum settlement on her.

    I cant see any mention of capital in dispute in schedule 6 but it is mentioned lots in similar subject posts. So what regulation are you learned people using?

    #63425
    Kevin D
    Participant

    R(IS) 2/93 *may* be of some assistance but, from recollection, the facts are not the same.

    Are solicitors involved? Is the settlement subject to formal proceedings? Amongst other considerations, these factors may assist in determining whether the clmt does or does not have access to the capital in question.

    #63426
    Anonymous
    Guest

    Hi Kevin

    I have solicitors letters confirm that negotiations are in progress. Not quite sure about the formal proceedings bit. Do you mean actual court proceedings? I must confess I accepted solicitors letter advising they were negotiating settlement as sufficient!?

    Not wanting to put words in your mouth but can I deduce that disputed assets are not mentioned specifically in schedule 6 but are covered by caselaw?

    #107782
    jamcon
    Participant

    Have a look at CH 2255 2006 for an example of a decision about capital subject to negotiations in a divorce. Depending on the facts of your case, it may or may not be helpful.

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