QLD Use of name

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

RJay

Member
11 September 2014
2
0
1
Sunshine Coast Queensland
My ex wife and I started a business together 6 years ago and We separated soon after. We have divorced and have had a property settlement 5 years ago. She was the sole director of the business however it uses my surname in the business title (a very unique uncommon name). She still owns and runs this business but uses my surname as her last name in all advertising etc even though she never formally/legally changed her surname to mine as we were only married a short time. I suspect she does this to connect herself to the business name (same)to give herself credibility. When we separated she promised me she would change the business name as I asked her to (not documented) and I’ve asked in writing since but she refuses and continues to use my name. She even drives around in her car with personalised plates with my surname. At the time of our separation/divorce I was suffering severe PTSD and believe she took advantage of my health situation in the divorce settlement process. I’m only now in a better place health wise to deal with this and am Wondering if in law I might have a claim to business earnings due to her use of my name for herself and business name? Or some avenue to get her to stop using my surname. She claims (on business website) to have made $300 million dollars in sales with the business since our separation which would account to about $9 million in commission/earnings. If I might have a legal claim what type of lawyer/specialist would I talk to. Appreciate any advice.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,204
969
2,894
had a property settlement 5 years ago
^ this is your problem.

You are likely unable to revisit the property settlement unless full disclosure was not provided. I assume you had a lawyer at the time.