The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Breach of occupation order

  • Tinker12345
  • Tinker12345's Avatar Posted by
  • Junior Member
  • Junior Member
More
24 Feb 13 #381023 by Tinker12345
Topic started by Tinker12345
Hi. I left my husband in nov wirh my 2 1/2 yesr old as situation at home became unbearable. I decided to file an application and went to court for an occupation order in dec las year and won the case so my husband was ordered to leave the property within 7 days. The order stated that we were both forbidden to remove sell or destroy any of the goods or chattels until financial matters were agreed This property was mine pre marriage btw

When i returned to the property he had virtually looted the entire property and taken all items of value (virtually everyting bar a shitty spare bed and my clothes) with him. He even took my dead cats ashes, 2 cars, fine art, vast amounts of electrical items, my personal jewlerry, daughters birth giftts /pushchar and her favourite toys to name a few.

The solicitors view is its best to deal with the loss of assets (circa105k) through anncillary relief proceedings but even this looks as though they are not really interested in it. Ive been told to just take the top valuable items and forget the rest.

Does anyone have a view on the best way i can either recover or be financially compensated for the items. I tried the police nd they are not interested as they say its a civil matter (even the personal jewelry) ) . My solicitor rekons if i took him back to court regarding breaching the occupation order the court wont be interested either and it will cost m est £4k just to get him back in court then tey may just give him a fine.
Hes now coming at me for half my house after taking unauthorised amounts from my business, diverting its cor revenure stream into his own business account :angry: and destroying my business ! Can anyone please advise or give me their views. Thankyou.....

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
24 Feb 13 #381063 by .Charles
Reply from .Charles
The simple answer is that everything you have been told is pretty much true.

Recovering items is difficult as your ex will undoubtedly argue that all/some of the items were not taken by him and/or that they are not worth as much as you say they are. There will always be two sides to every story.

By dealing with a financial claim through the court, you can raise the issue of conduct and city his breach of the order, removal of items and general bloody-mindedness. This will allow you to offset some/all of his claim against the property. So, if you have £200k worth of assets (including those that he removed) and he has had £105k, you can say he has had his fair share and should have no more.

That''s a gross over-simplification of course as each case rests on its own merits. Relative earnings capacity, reasonable requirements, pensions, savings, children etc. all form part of what is a reasonable division of matrimonial assets.

Do not dwell on the behaviour of your ex, look at the most efficient way of resolving finances and severing ties with him - if that is what you intend to do.

Charles

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.