Joanna Toch secures wife a share of over half the assets invading non-matrimonial property on a needs argument in long-running case involving domestic abuse, disposal of assets, sham trusts, dual jurisdiction litigation, allegations of abduction, litigation conduct, non-declaration of income, business and extra-territorial assets.
In late 2015 Joanna started her representation of the wife in case in which she had been locked out of the family home, was living in rented accommodation with the parties’ children, was not in receipt of spousal support or child maintenance and the husband was disposing of capital assets. The husband claimed that he was earning modestly, the bulk of the capital assets were held on trust for others, contested the value of assets and said the children should reside with him.
Joanna was able to succeed in successive contested hearings, securing monies put elsewhere, showing the trusts were sham documents, obtain costs and that the children should reside with the wife. The wife has now been awarded slightly over a half share in all the assets including the husband’s pre and post marital assets. Further the wife has the right to show disclosed documents to the child maintenance commission and nominal spousal maintenance which will be uplifted if the husband does not pay child maintenance.
Joanna says, “This is a result that meets the wife’s needs: The structured judgment allows the wife to immediately pay off her commercial debts from the monies held in the husband’s account, the family home which the husband remained in will now be sold and the wife will be able to buy a property from the lump sum she obtains and the husband will have his interest in his property in India to use to re-house himself. Child maintenance at the correct rate will now be paid, and if it is not, the husband will have to pay substantive spousal maintenance”.
Joanna was instructed by Bhogal and Partners