No there isnt a court order but a single page document was drawn up that my father signed to say that he was agreeing to pay the 50% share to his "wife" in 2003 - they were not formally seperated until my father pursued judicial seperationin 2008
The problem then was that his ancilliary relief proceedings were pursued and a trial took place but despite being fully heard, my mother died before judgement was handed down so the whole litigation fell flat with nothing decided by the court
A friend of my mother and my older brother
Thanks for the comments
when you say "there is no legal basis to recover" - my mother ran a number of deceptions from 2003 onwards to specifically conceal the receipt of the inheritances from my father (and the rest of her family)
Surely those actions and the specific lies that my father can prove she told between 2003 and 2008 (they are documented) amount to deliberate deception for her financial gain and the financial loss of my father
In reading the 2006 fraud act she seems to have done exactly what the act seems to address
- "deliberatley witholding information that she knew at the time would cause financial loss to my father"
entered into "a contract" knowingly to deprive my father of monies
Can you tell me specifically why all my mothers deceptions and conduct does not void the pension contract at inception in 2003
me again !
I just found this on the net by using your phrase volutary financial arangements.
It seems to be a usa based doc and while i appreciate usa law is not always the same as english law i dont see why the law here seems to view a "vol fin arrangement! as something other than "a contract"
final question - i promise !
can you point me at a document that confirms this please
ie a precedent X v Y in case law
a particular law/statute which says a "vol fin arrangement" for sperating couples is not a contract
You are correct that I do find it difficult to believe that english law would be so unjust as to deprive someone a remedy following a deception / fraud being committed on them whatever the title of a document