Stuck

My name is David, I am separating from my wife of nine years. We have 2 children, both boarding full-time. I live, perhaps at least previously, a comfortable life, both filling our days with interesting projects.

We have access to 2 homes, one in England and the other, an apartment in a suburb of Madrid. Both homes are held by a family trust and in effect are free of rentals. I am a director in the family business.

My wife has recently taken advise and has chosen to place a Mareva injunction against me, freezing assets to the value of £m 13.4. I am living hand to mouth presently.

I am unable to instruct councel with so little funds at my disposal.

Her injunction is entirely without grounds, but Im afraid I will be forced to live this way for the foreseeable future.

My children's needs are met, they will continue to live at home and staff attend in the main.

I am looking to, in the first instant, self-represent in the courts to set-aside the Mareva and need some advice as to how to do it.

Can anyone give me some pointers?

I am sorry to hear of your situation.

The first thing to say is that I am not a lawyer and I do not know the answer to your question. However...

There are lawyers that will give free initial consultations. You might find that if you state your case to them, they might be prepared to take it on in the knowledge that, if they don't get the injunction lifted, they are not going to get paid for some time.

Alternatively, it might be that, if you can find somebody to act as guarantor (guaranteeing that you will not dispose of assets or place them beyond the reach of the court), the court will be prepared to lift the injunction.

My final thought is that a speedy agreement as to how the family's assets should be divided is what you/your wife would want. Once that has been agreed and is reflected in a legally binding document (be it a deed/contract or a Consent Order), your wife might feel that she has not further need to keep the injunction in place.

I suspect that, once your wife's lawyers have got their hooks in, they are not going to let go easily - but there is an alternative to the traditional route to divorce. mediation can have a number of advantages; usually it is quicker, cheaper and less aggressive than using lawyers from start to finish. (This is a drum I beat with monotonous regularity and for rather obvious reasons.) Speed might be useful in your circumstances. Cheaper - I can almost see the lawyers salivating at the prospect of the fees in such a substantial case! The lack of aggression is particularly important where children are involved as you will have to have a continuing relationship with your wife for as long as you are both involved with any aspect of their upbringing.

If you don't know much about mediation, there is an extensive explanatory article on the subject in the library section of this site.

Finally, if the two of you do go to lawyers, as I suspect you will, don't be seduced by being told that your lawyers can get you a better deal. You have to remember that, if that is being whispered in your ear, if is probably being whispered in your wife's ears as well - and one of those whisperers is wrong. A lot of income if generated by engineering fights. The object of mediation (for my final beat of the drum) is to draw the two of you into a sensible agreement and avoid a fight.

Hello David

A freezing order of this nature could prove costly to the family bisiness due to potential disclosure, perhaps legal advice would be wise with assets in the millions, some solicitors will act and wait for payment when a settlement is attianed.

Before decideing to act in person you should research the order and think carefully.