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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
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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I have been talking to Clare about my legal parental rights

Customer Question

I have been talking to Clare about my legal parental rights but want assistance with Divorce. I have been living apart from
My wife since 2010. She has moved away from the family home and we have settled with me buying her share. I offered her 75% of the equity in the house minus debts that I had incurred for home improvements. I also offered 20% of my salary for the care of the 2 children. I made a deed of separation with a solicitor which we both signed. She suffers from a severe mental illness that at times leaves her incapable of minding the children. So I will be trying to take custody of one of my two children in care with Grandmother. The 9 year old boy. My 14 year old daughter will refuse to come as she has been manipulated to thinking bad things against me. When I apply for divorce and dispute custody is there a chance she can go back on the financial arrangements? Is there a way of securing the arrangement so she cannot ask for more money?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question
I will do my best to help you - with this as well
It will indeed be possible for your ex to TRY and alter the financial arrangements - but that does not mean that she will be successful.
You have done all you can to secure the agreement by signing a Separation deed - and by being generous in the settlement
At this stage there is nothing else that you can do.
I should also mention that the divorce and the children matter will be two completely separate proceedings
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Clare,
I went to a solicitor for the deed of separation. When she agreed to signing she was not in hospital, but I am concerned that there was nobody that signed to witness her signiture. She would never lie in a court of law to say that she didn't sign the deed. But her solicitor wanted to try an quash it on the grounds that she was not fit to sign. But this was not the case. other points about the deed, she doesn't have a copy and after signing I never filed it with the solicitor.
Regarding the house sale, despite agreeing to it, she felt that the loans against the property should not taken in to consideration and her solicitor said that it should be discounted as it was not legally registered against the property. The loans incidentally were from my mother for house improvements. And after finding out we may be selling the house and separating asked for the money back. This is why it was adjusted against assets.
I don't think we will end up in court over finances. But need to know my legal position.
Expert:  Clare replied 2 years ago.
Hi
How much were the loans?
Clare
Customer: replied 2 years ago.
£20,000 for the deposit on the house, and over 10 years a further £30,000 for windows and doors, new kitchen, garden. But we agreed on a price with these in mind and 75% equity in her favour. The house has been settled. When I file for a divorce and custody she may try to change the financial arrangement. But the house is agreed on and settled. We would both rather avoid courts. I don't mind offering her more than she is entitled in maintenance to avoid courts. Also, when I get custody of my son I will be living with my partner and her two kids. So I would be financially supporting them as well and she would then only have 1 child. I did not offer her a spousal maintenance.
Expert:  Clare replied 2 years ago.
Hi
How much was the house worth and how much was outstanding on the mortgage?
clare
Customer: replied 2 years ago.
Value £235,000, mortgage £138,000.
Expert:  Clare replied 2 years ago.
HI
How much did you give your ex?
Clare
Customer: replied 2 years ago.
£24,000
Expert:  Clare replied 2 years ago.
Hi
Can you prove that the £50,000 was in fact returned to your parents?
Clare
Customer: replied 2 years ago.
I couldnt afford to pay it after the settlement because I was
Not allowed to increase the mortgage sufficiently. so I am paying my mother every month. I have bank statements showing this and a contract.
Expert:  Clare replied 2 years ago.
Hi
How much are you paying a month?
Clare
Customer: replied 2 years ago.
£60. I agreed with my ex not to sell the house due to her sentimental attachment. So we agreed on a price to buy her share. If the house were to be sold in the future all remaining loan to my mother would be paid in full.
Expert:  Clare replied 2 years ago.
Hi
Within the divorce proceedings your ex can challenge the financial agreement which was reached if she wishes to.
It will then be up to the court to decide if the agreement was a fair one and if any further financial settlement is due
From what you have said you should be fine - but there does remain a risk that you will have to make a further lump sum payment.
The risk is at present unquantifiable
Clare
Customer: replied 2 years ago.

Ok thanks. But she would have to apply to the courts? I have another question which I will open up another queery for. Thanks for your help

Expert:  Clare replied 2 years ago.
HI
Yes she would have to make an application to the court
Clare

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