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Experience of a pre - divorce case in Poland


wounded beleiver
16 Aug 2017 #1
. So it finally happened I have fallen victim to the Polish trap, never did I believe my wife would turn on me. So the story is she asked me to move out of a house I bought 100%. So I took a place in the center of Warsaw, she was informed by a friend of hers that I was seen at a restaurant with another women, her friend believed we got too close when saying goodbye. If the the three kisses on the cheeks is over familiar...

The outcome we have a document which was a separation of assets the house apartments and land in Poland is in her name although I paid for it all in full.We also have a joint account which had around half million zlotys in it. So I get a visitor to my rented flat ( my wife) explaining she has photographic evidence I am having an affair, which is a fabrication, an argument pursues, Monday morning she goes to our bank and transfers every single zloty and foreign currency into her account. I contacted the bank and was told there was nothing they could do as my wife was a co signatory on the account and she had done nothing wrong in the eyes of Polish law. I received a letter from our family lawyer wo informed he could no longer represent me as he was the lawyer of my wife and had been introduced to me by my wife.I was also advised that I had no right to access of any of her properties ( which I bought). The value of the Assets ond cash reach double digits in Zloty milena. The motivation behind her actions are that I have been making noises about selling up in Poland and going back to the UK re Brexit. My wife's Parents are elderly 82/83 and she wishes to see out their days here, she also has a brother and younger sister...

I have reviewed this case with two lawyers in Warsaw, have been advised to let it go or find a solution to come back together.The lawyer informed because I have been the main provider for 20 years and my wife has never really worked, she could make further claims against me for financial support to keep her in the standard she has become accustomed too. Her final to me is that I take full responsibility for the children's school and university fees for the period of education at 100%, also I pay 15,000 zlotys per month for house support. The properties owned in PL are mortgage free.

synopsis - lesson learned I believed and when it was good it was brilliant,, the worm turned..
terri 1 | 1,665
16 Aug 2017 #2
You should have had everything in your name and not given her access to any money. What did you expect?
delphiandomine 85 | 18,254
16 Aug 2017 #3
Hard to say anything in this case, although I'm struggling to understand why you would put properties solely in her name.
terri 1 | 1,665
17 Aug 2017 #4
For tax reasons. Or could not explain where the money came from.
cms 9 | 1,271
17 Aug 2017 #5
Maybe those properties were bought before 2004 when there restrictions for foreigners to acquire land ?

Well there are a few things you can do. Not sure what your other few million zloty of assets are but if they are shares, bonds etc then get them into some kind of trust or offshore vehicle ASAP and ensure that dividends and interest flow to you.

Also make sure the money your wife took from your account (perfectly legally) is taken into account in the settlement.

If the only evidence she has of an affair is a few photos of you in a pub then don't worry about it - just ensure your lawyer knows the truth. If it's a webcam of you boning your mistress in your wife's bed then that is more of an issue.
Harry
17 Aug 2017 #6
I was also advised that I had no right to access of any of her properties ( which I bought).

Interesting legal advice, unless you and she do have separated estates. If you don't have separated estates, half of what is yours is hers and vice versa.

she could make further claims against me for financial support to keep her in the standard she has become accustomed too.

She can, but only if she can demonstrate that you are at fault and that is why the marriage has broken down. If she can't prove fault, she isn't entitled to a penny. However, demonstrating no fault on your part is not easy to do. Your best shot is to be seen to be doing absolutely everything you can to save the marriage. Organising (and always going to, even if she doesn't) marriage counselling is a good starting point. If you don't want to get divorced, you can easily drag the process out for several years and with each step show that you do not want the marriage to end and thus show that you are not at fault.

Her final to me is that I take full responsibility for the children's school and university fees for the period of education at 100%, also I pay 15,000 zlotys per month for house support.

The first of those is pretty reasonable and I'd suggest setting up trusts to pay those (i.e. not agreeing to any settlement in which she takes the cash and then spends it as she sees fit). The second isn't. I'd suggest stating that you're happy to settle all bills and cover reasonable running costs (against invoices) while the two of you try to save your marriage.
OP wounded beleiver
17 Aug 2017 #7
Terri, when you are married you plan your future financial security together, at the time I was a principal director of a Polish company so if the company had failed they could draw on my personal assets. The advise given at the time was to place all assets in Poland in my wife's name, create a separation of assets contract. Therefore in the case of business failure/bankruptcy our assets would be protected, this is a common practice in Poland among people which understand Polish business law.

The house and land was bought before 2004, as for other investments I have a IBC which she knows about, its not worth her time going after external net worth, she clearly understands she will have no chance of getting, moreover her demand was I take care of school and university fees. I could counter she is 50% responsible for all school and university fees.

Anyway my story was not about how bad a person my wife has become, bcus shes a great mum and good person, this story is about how good people can do bad things when the choice is between you and their parents. What should I have done in hindsight, I could and should have put in our assets in Poland in both our names at the point I became an investor in the company and resigned my directorship. My loss someone else gain.
terri 1 | 1,665
17 Aug 2017 #8
Sometimes when you try and cheat the system and the law - it comes to bite you on the bum.


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