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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

sister needs shit hot legal advice

7 replies

ThatVikRinA22 · 27/12/2011 00:02

complicated one

sis was in business with her husband - as a partner in the business, while she was pregnant with their first child he cheated on her with one of their employees.
After a violent few months in which he knocked out her teeth, she moved out of the family home (mistake) but she couldnt stand the rows anymore. He stayed with the OW, their marital home stands empty and he bought another home with OW.
Dsis moved hundreds of miles away to be near to family.
She did her part of the business from her new rented home and continued to draw a wage. (the business was half hers anyway) He did not bother with his baby son and went on to have a child with OW whom is now employed within his and Dsis business. (which is obviously painful to her)
Her ex continually lies through his teeth - he cannot lie straight in bed. He lies about his income, the tax, the OW, you name it, he lies about it. She has got used to this and ignores most of it.

cut to now
Dsis son is grown up and she wants a clean break. Her and her ex H divorced, but stayed in business together (messy and not fun)
He has agreed to buy her out of the business and give her a cash lump sum plus a few years giving her a sort of salary per month, but he kept moving the goal posts and changing the amounts. always a lower amount with each new offer.

In the end, they agreed a sum. Got solicitors to draw up a contract.
BUT he has already renaged on the agreement before its even gone through. He was meant to give her a thousand per month for 3 years plus a cash lump sum. The money did not come this month. in the end she got a cheque which was for half the amount agreed.
She has been to solicitors before and they um and ahhh and give her duff advice, saying that no court would make him sell his business (income) and that it would "depend on the judge on the day" as to the settlement she would get if she were to dissolve the partnership etc and she were to sue him.
she thought she had done everything fairly and that he would stick to the agreement that he came up with.
She needs a really really good lawyer who will fight her corner for her, but she has so far had mediocre wishy washy crap advice from every lawyer she sees. This is why she had done most of the legal stuff herself. She has ended up paying £25 per email between her crap solicitor and his crap solicitor.
She has got nothing but a whacking bill from all this.
She needs a bloody good solicitor. How can she find one? she went through divorce aid and still got shit advice, and now, is paying for nothing as he has renaged before the order has even been signed. The solicitor says the only option is to press on and sue him after the event, which leaves her with no money, no income, nothing but a bloody big solicitors bill and fighting him could take years!

he is a twat. a complete and utter.

any advice please?

OP posts:
babyhammock · 27/12/2011 08:36

Um
I would say to her to represent herself. I'm in, what I was told a very complex battle with my abusive ex. It isn't, its actually very straightforward and I've been representing myself.

As daunting as it was to begin with, its the absolute best thing I could have done. Unless she wants to pay a fortune for a good one she will get fleeced for mediocre ones at best and at worst ones that positively damage her case.

For someone else to even get to know her case inside out like she does will cost a fortune and then if you have a crappy lawyer, then what? Also, in my experience they just do deals between themselves so that each solicitor ends up ok. It really is deadful.

I would honestly say the best thing she can do is go for it herself. She tried to avoid going to court but he's renaged on all the agreements.

She needs to prepare concise but detailed statements on everything that happened and all the agreements he made.
Backed up obviously with as much evidence as exhibits to be referred to within the statement as possible.

itsxmascryingagain · 27/12/2011 10:48

Hello Vicar, she needs a commercially experienced lawyer - they are the big earners of the legal world and will not be cheap. Personally, I wouldn't settle for the monthly amount. It's risky. If the business starts to fail, she could lose out. I agree with the other poster that he may not be forced to sell the business but she is perfectly at liberty to sell her half to whom ever she wishes to. If the marital home is still an asset for the pair of them, I would be inclined to take the monthly amount out of the proceeds of that sale rather than rely on the business being managed properly. She can then invest it and at least she will know the cash will be there.

As hard as this is, she has to separate her feelings from what is essentially now a business transaction. Good luck to her - this sounds a bit like a situation my friend found herself in.

ThatVikRinA22 · 27/12/2011 11:13

he refuses to sell the house. (either of them!)

he has, i think done some dodgy deal, taken out a huge (i mean huge loan, to buy her out of the business, the house, everything, but then i think he has kept it for himself.

he was meant to be giving her just enough to buy a house, plus a lump sum every month for 3 years, but he kept changing the figures.
the rub is that he has actually got the bank to close their business bank account, and reopened another without her knowledge or consent despite surely needing her signatures/permission?

she is going after the bank too for their part in this.

she now has no access to any money. He has sent her 500 pound. it wont even pay her rent.
the lump sum hasnt materialised either. quelle surprise. he is a bastard, but i couldnt see any other way out of this other than to sue his arse?

he has now essentially got everything. 2 houses. all the money and the bloody business.

OP posts:
jasper · 27/12/2011 11:22

Represent herself

JuliaScurr · 27/12/2011 11:28

rightsofwomen - better known for eg DV, cohabitation etc, but might be useful?

QuietTiger · 27/12/2011 11:33

Vicar - have PM'd you.

ThatVikRinA22 · 27/12/2011 12:01

thank you.

OP posts:
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