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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My daughter is going through a divorce.her husband walked out

Resolved Question:

My daughter is going through a divorce.her husband walked out leaving her with twin boys age 7.at court she was awarded 75per cent of the equity in the house. She was going to buy a house or rent. Rents were very high and she moved in with her new partner. Her husband is taking her back to court after 2weeks and her stepfather has been told that he has to submit details of a discretionary trust .of which my daughter is a beneficiary.the accountant has told my daughter's solicitor that there has not been any monies paid out but they now want the shares of the main company valued.bank statements were provided.it seems very unjust that her stepfather is being brought in to her divorce. Is this normal. She has to go before a judge in June for a decision on whether there is a case for the original decision to be over ruled.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How soon after the final settlement did she move in with her partner?
What is the purpose of the Trust?
Clare
Customer: replied 2 years ago.

She moved in almost immediately afterr the house was sold. Evrrything happened the day after court. She had an offer on the house after court and moved out 6 weeks later to her partners house. All these dates can be proved as happening in that order.the trust was set up by my husband. It is a disscretionary trust with myself as one of the trustees. My daughtter is one of 5beneficiaries. Tthe trust owns the property which my husband traded from before retiring.nothing has been paid outt from the trust yet and there is only 500 pounds in it. My ex son in law is insisting that the shares arre valued.does the he or the court have a right to delve into my husbands affairs?

Expert:  Clare replied 2 years ago.
Hi
Was the Order made by agreement or after a full hearing?
Had she said that she was considering moving in with her partner?
Clare
Customer: replied 2 years ago.

 


It was a full hearing with a judge and she said that she was not intending to cohabit but circumstances made it so that she had to act very quivkly


.vendors wanted in very quickly due to school termsit was in full and final settlement and 'clean break'.

Expert:  Clare replied 2 years ago.
Hi
Was she actually questioned on the matter?
Clare
Customer: replied 2 years ago.

Yes


K


 


 


Yes she had a. Barrister and solicitor as was asked about her intention and at that. Time she was intending to look for a house for her and the boys once the. House was sold.he is now appealing the financial split and takiing her bavk to court. It is still her intention to buy her own property if she can get a mortgage. Aa i sa


ud


 

Expert:  Clare replied 2 years ago.
Hi
When was the Order made?
Clare
Customer: replied 2 years ago.

The order was made in april.

Expert:  Clare replied 2 years ago.
Hi
What was the asset split?
Clare
Customer: replied 2 years ago.
I think it was about 75per cent to her
Expert:  Clare replied 2 years ago.
Hi
I am sorry but no matter which way I look at this I fear that the timing seems so Blatant that there is no way that the court will accept it as unplanned
Even if they do accept her explanation then I fear that they will say that the circumstances on which the order was based have indeed now changed and that the matter needs to be reconsidered based on the new circumstances
With regard to the Trust I am afraid that the information is relevant - although i do not think it will in any way effect the outcome
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33547
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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