NSW Locked out of partnership business from ex during separation

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Vas77

Active Member
13 August 2020
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Hi I have been going through separation and my ex put an application for ADVO on me. We have a family partnership business together and she took every document and the work PC and claimed I didn't work in the business. During exchange of letters she admitted that i worked in the business and was a joint owner with her. She took all the assets and locked me out from it. I have not been payed a cent from it and couldn't get centrelink initially from it and could also not get Jobkeeper payments after covid-19 because they said i was not active in the business. She has been receiving JobKeeper payments due to it been affected by covid-19 and refuses to get it valued and has refused to hand over the business financials and documents. My lawyer said i would probably most likely need to be dissolved from the partnership but after that letter the ex wife has closed down the business instagram and business website. Made me a ridiculous and in it for me to give her consent to rename the business, close all social media. She already did it before i got the offer which i have said no too already. If she is deliberately devaluing the business what will happen and what should i do?
 

Rod

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I'd be asking the lawyer about getting an injunction before the business loses too much value.
 
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Atticus

Well-Known Member
6 February 2019
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My lawyer said i would probably most likely need to be dissolved from the partnership
I understand your lawyer is (should) be aware of all the facts & circumstances here, but IMO, on the face of it that sounds like really crap advice... Dissolve yourself from it for what purpose? How can that work in your favour? Actually dissolving yourself from it may be construed as a form of consent for the other party to do as they wish with it. You should be putting in writing (for the record) how much you oppose to & object what is happening........ If a court is satisfied that you somehow knew & consented to what is going on, you can lose a lot of weight (& credibility) in any claim to the contrary ...

I would be much more inclined to file an initiating application for property settlement NOW, along with urgent interim orders, in part seeking an injunction on her further dealing with any facet of the business (apart from perhaps normal day to day trading) without your written consent..

In a property settlement, any movement, wastage, or deliberate devaluing of an asset can be cause for an adjustment in the favour of the other party, BUT, it must be clear that you opposed what has & is being done
 
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Vas77

Active Member
13 August 2020
8
1
34
I have almost exactly the same situation. I will follow your question with interest
Hello Vas

Without knowing all the details, the best approach is to assess what the total value of your assets.

Also do you have children?

We have been negotiating and she took 10 weeks to reply to the first letter and said on her first reply i didn't have anything to do with the business and i handed evidence because i took photos of about 80% of jobs and got witness statements and video
Yes we have two young chidren and she has denied me seeing them. Put an ADVO on me 11 days after she left. Because apparently text messages that are asking what is happening and concern to my children is harassment and then she said i'm suicidal, can hire hitman, have been abusive over the relationship. Not once have i been violent and have a clean record. How the children are on the ADVO is beyound me. And covid-19 delayed court to clear it by 5 months
 

Vas77

Active Member
13 August 2020
8
1
34
I understand your lawyer is (should) be aware of all the facts & circumstances here, but IMO, on the face of it that sounds like really crap advice... Dissolve yourself from it for what purpose? How can that work in your favour? Actually dissolving yourself from it may be construed as a form of consent for the other party to do as they wish with it. You should be putting in writing (for the record) how much you oppose to & object what is happening........ If a court is satisfied that you somehow knew & consented to what is going on, you can lose a lot of weight (& credibility) in any claim to the contrary ...

I would be much more inclined to file an initiating application for property settlement NOW, along with urgent interim orders, in part seeking an injunction on her further dealing with any facet of the business (apart from perhaps normal day to day trading) without your written consent..

In a property settlement, any movement, wastage, or deliberate devaluing of an asset can be cause for an adjustment in the favour of the other party, BUT, it must be clear that you opposed what has & is being done
My ex lied so many times and we were on the right track but then she changed lawyer and started at point zero again. Didn't reply to all the issues on our last letter which was given to her new lawyer. Just asked for 65/35 her way lol
when it is proven i worked and my livelyhood has been taken away from me and she must give full and frank disclosure and all the business financials and documents.
Even the joint saving account she emptied the day just before she left while i was at the cemetery for a important function for my mum who passed a few months before. She planned this.
she said in her letter that she took the money to refund covid-19 jobs that were cancelled. Funny thing is she would be nostradamus to know this as lockdown happened a month after.
Her lawyers would have told her the bad news of what will happen and she got a new lawyer now and thinks she will just start all over again.
Importance of seeing my kids has been discussed in every letter but she refuses to even let them speak to me. The urgency of the best interest for my kids was pointed out in the letter but she just ignored it all.
We also gave her 3 options and the 3rd option was for me to buy the business because she claimed it was a burden.
She also said we have made no effort before that letter when we made every effort and she ignored all letters and very late to reply to all so far
 

Atticus

Well-Known Member
6 February 2019
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Doesn't sound like she's making anything close to a genuine effort to resolve things in a fair & reasonable manner ....

1) How long have you been married?
2) Was the business bought into the relationship by one of you? .... Or started during the relationship. If so how long has it been operating
3) How old are the kids .... Are they included as protected persons on the ADVO?
4) How long have you been separated
5) Have you attended mediation over the kids?
 

Vas77

Active Member
13 August 2020
8
1
34
Doesn't sound like she's making anything close to a genuine effort to resolve things in a fair & reasonable manner ....

1) How long have you been married?
2) Was the business bought into the relationship by one of you? .... Or started during the relationship. If so how long has it been operating
3) How old are the kids .... Are they included as protected persons on the ADVO?
4) How long have you been separated
5) Have you attended mediation over the kids?

She has not and my lawyers agree she is acting way out of line

1) 15 1/2 years
2) We registered it and started it as a family partnership.Money goes into joint savings account and started 3 years ago. Before that we worked in a different business for 4 years in the same industry but slightly different which was in her name as a sole trader. But i quit my fulltime job to help her with it working from home mostly. Before that we worked for other companies since the start of our marriage.
3) 9 and 4 now (missed 4th birthday) Yes they are included. . Initially said i threatened her when she left. She was already packing her stuff and moving to her parents. I was smart enough to film her come without police and just start taking everything. Then she came back with cops on same day to collect more and said i had threatened her. Hmmm i took video before that. I also called police when i tried to get home when i was refused to see my kids but they said they couldn't do nothing.
Then 10 days after she came with cops to collect more of her stuff and the last 1/4 of the childrens clothes and tried to get the kids passports and birth certificates. I refused because i feared she might move elsewhere. Cops said i have the right and said she couldn't take those items.
She was angry and rough handling everything after i refused her passports and went to police station to file a complaint against police because she reckons she was told her rights before but because i refused the passports and birth certificates she filed a complaint. Then 1 hr later wrote a statement to get an AVO on me claiming text messages as harassment, death threats and abuse for 9 years. All my texts where of concern about what was happening. Police agreed there was nothing threatening in my messages but reckon i sent too many. They were about money been withdrawn, relationship, marriage counciling, kids etc. All nice and i was very worried about what was happening and had no idea. How the kids were put on that is beyond me. She would not put AVO on me 11 days later if she feared for her life and turn up without cops between that or allow me 3 minutes to go inside while she was here to get medicals. She has no evidence of what she claims and i never have been violent towards anyone.
4) nearly 6 months
5) Mediation rejected my offer because simply there are kids on the application AVO. It's very hard during covid-19 and lock down because of the delays in court dates
 
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