[Solved] Please Help Schedule 1 and Tolata 1996 -

Hi there

I'm sorry but I'm not too hot on things financial, but considering your situation I would strongly advise that you get proper legal advice....it's far too important to leave to chance IMO.

As you are not married and the property is in your sole name, I'm surprised that she has such a claim on it, unless its as a trustee for the children, but as said this is just my opinion, without much knowledge.

Hopefully one of our members with more knowledge/experience of your situation should be along to give you more of a constructive reply.

All the best

Hello Jason123,

Being aware and interested in Tolata, yet ignorant of any details regarding it, I remember there was a post on here which was very informative written by DaveR who was, at the time, attending court having received a claim under Tolata from his Ex.

I have done a search and found the thread which you may find both useful and reassuring.

If you do a search using the information I give you, you should easily find it.

I suggest you read the whole thread from beginning to end which will give you the full picture of the discussion containing DaveR's contributions.

Search:-

Topic - Financial Consequences of Separation
Time - 1 year 3 months ago
Username of the thread creator - Miltonkeynes

Here's a link to the thread mentioned above -

https://www.dad.info/forum/finance/42866-financial-consequences-of-separation#59967

I've deleted the duplicate post as it can get confusing, with members leaving replies on both threads.

Best of luck

Many thanks.

There has also been physical violence towards me of which I've reported to the police.

What else could I be doing to protect myself and assets? She is just after my money.

Hello Jason123,

If you have reported to the police her physical violence towards you and have received, for example, any threats via text, emails etc., I would have thought, if you could produce evidence of these happenings you could submit proof of her behaviour to the court. Whether this would influence a decision on her financial claim on you, I doubt. However, if there was a dispute over contact with the children then I think the proof you have (or can get) could be beneficial should you ever have the need to go to court to gain access to your children..

Regarding your assets, I think you need a good accountant, tell him your situation and ask if he can suggest anything. If he can then put whatever suggestions that are made to your solicitor for a legal opinion.
You cannot be seen to act inappropriately by placing any asset out of reach for the specific purpose of trying to avoid a claim on that asset.
It may be too late in the day to go down this road as the matter is already in the hands of the court.
If I was you, I would see an accountant as soon as possible

Take heart, the fact you are not married will, in itself, safeguard you considerably, I believe.