Advice on divorce and dh's small business

[TieAYellowRibbon]

I am company secretary for my dhs business, and am an authorised signatory for cheques on his business bank account. Things are not good between us and I am planning an escape for dc and I, and whilst I can save some cash before we go its not nearly enough for a deposit on a rental place. I am worried about what we will do for money before the divorce has been finalised, would I be within my rights to issue a cheque for x amount into my bank account just before I leave, without him knowing? He would be absolutely raging with fury (no domestic violence ever between us but he does have an impressively short fuse) and unless I know for certain that I am not breaking any law he would try to convince me that he?ll have me locked up.

Am also keeping my eye on our joint savings as he has a habit of dipping into it.

Thinking about it I must be a shareholder too as in the past he?s paid money from the business into my account (I then transferred it to him) as a dividend to use up my tax allowance when he?d reached the upper earnings limit on his income. Not sure whether this is relevant, or whether I can even locate his cheque book if it turns out I could do this.

Any experience or advice here would be very welcome.

[MrAnchovy]

Actually babybarrister I think you are saying the same as I am - it will all end up in the divorce settlement and unless there is a clear attempt at a material fraud, there are unlikely to be repercussions in practice. But the OP did say "unless I know for certain that I am not breaking any law he would try to convince me that he?ll have me locked up", so that's why I was stressing the applicable law.

Also this would be Crown Court/Family rather than Chancery/Family (we are not talking about two director/shareholders fighting over cash they jointly control which is a common situation you may have seen, we are talking about misappropriation).