My daughter is going through a divorce, and financial forms have been completed. Our solicitor is stating that the Husband who has admitted adultery ( and is also allegedly guilty of far more serious improper actions(no longer illegal, but not considered acceptable in a traditional heterosexual marriage etc.) is still entitled to his own accommodation.
However this very experienced Solicitor also is aware that the information on his financial form is manipulated so that he is only showing a notional salary(his own business at £12000p/a ( on a dating website he was stating some £25K-£35K p/annum!!!!) and it is obvious to her and me that much of his cash sales have NOT been declared whereby he is attempting to gain advantage on any settlement.(I do have proof that he provided expensive domestic machines demanding cash ONLY.!! also despite an active social life he has bank statements showing some £20,000 , and which simply do not match his declared income.
My daughter has one son by him(aged 9) and a 17 year old son living in the house which is valued at some £450,000.
(there are two adult girls 21 and 23 who have the right to live there unless they choose to move out in the above under the agreement taken out with her former Husband.
since Philip was asked to leave one year ago Tracy's meagre savings have now been used up as her housing and other costs far exceed her limited income. ( she is a special needs teaching school assistant, whilst at hoen Scott is an asthmatic and Carl unfortunately has recently had operations for a severe chrohn's disease.
Her husband is currently living in a bed sit. When they married 6 years ago my daughter provided the property but it had an obligation by way of Deed of separation/divorce from her former husband that she would take all reasonable steps to protect his children's interest and right to live in the household. (she took out a Pre Nup agreement duly witnessed and subsequently a deed of trust whereby with a new property Philip owned 10% and she retained 90% . (He contributed £19000 cash!!! and I as Tracy's father loaned each of them £30,000 to be repaid by him @£250p/m for 10 years and Tracy if and when house was sold.(NO interest was charged.)
and to date he has paid back £10,000 of this loan.
His total imput has been £29000.
All these documents were freely entered into but on his form he has blatantly lied saying he was forced to sign the Deed of trust by ME!! This is not so as I did not even know that they had one.
He had been offered£32250( to represent his imput) he has NOT paid any household bills,(except for a weekly food bill ).. and I have advised that it could be increased to £44000 ( and I would be prepared to forgo the balance of the loan)(making £64000.( Tracy's former husband has NOT remarried and I believe he has some reservation on her estate which he holds on behalf of the children(I don't fully understand this)
However her present husband is claiming £200,000 based on false info. and this would impoverish Tracy .
I cannot see how one could negotiate fairly as he has given a mass of false information. Accordingly it may seem that he needs to be exposed for what he is , and his alternative lifestyle , crossdressing etc, bisexual, drunkedness(now reduced on medical grounds), gambling, extreme swearing in front of his child and others constantly , and his inability to accept that his lifestyle is unacceptable to his wife, including an alleged desire for male intimacy.
He targets vulnerable divorcees and is currently in accord with his long standing Mistress Tina , and a new
acquisition is a divorcee with 4 children.Emma.
Unless the true facts are shown he may be awarded a far greater sum than that to which he is entitled and my solicitor is playing it softly softly.
However I have advised her that we are NOT prepared to accept an improper solution for the sake of easiness , and if necessary will go to trial with full disclosures , whereby he will be shown to be at risk of committing Contempt of Court.. I am NOT being vindictive but I am not prepared to see my daughter impoverished by his avarice and falsehoods. It may well be that at some stage the Customs and Excise may wish to have an interest in his financial affairs, as our solicitor has stated that they would NOT stand up to inspection.
Do you have any comments. Whilst our Solicitor advised that a pre- nup may not stand up in court it clearly states on the pre- nup that both parties had the opportunity to seek legal advice. Also the deed of Trust fullly agreed to and set up by a property lawyer (local).
I would appreciate your views as to how we could possibly get justice.and as to how the respective Courts would assess the case.
Thank you for providing me with a copy of your previous post.
I understand that your current post relates to how much time your 9 year old grandson; Scott, should spend with his father. I note that there are various concerns in relation to the father - you have stated; constant swearing, cross dressing and alcohol abuse although you consider that the father is not currently drinking. You are also concerned about Scotts special needs.
Please can you tell me:-
1) how often the father is currently seeing Scott (and how long this agreement has been in place)?
2) If ***** *****kes spending time with his father
3) The details of the special needs of Scott and whether the father is able to manage the needs?
His father usually sees Scott once or twice a fortnight, and has done so since the divorce proceedings started. Scott is fairly happy to go with his father as he mainly a.m works in the shop and gets a promise of £30. In the late afternoon they regularly go to the pub, and Scott has won several large amounts (£150,£50, £500. which he was allowed to keep(scratch cards etc)
3 His father is totally unable to manage Scotts special academic needs.Scott is intelligent but academically needs support which his mother as a special needs School teaching assistant provides.
I have tried to Copy and paste hope it is OK
if you would kindly address the financial issue.as on the copy and paste which I have finally managed to send.
Briefly on Tracy's Ist marriage settlement a Separation agreement was arranged whereby she received sufficient to buy a property to house Tracy and the three children of the first marriage on the condition that she provided accommodation for as long as they wished to remain.
Tracy would not receive maintenance but the children would.
In order to protect this condition Tracy took out a PRE-NUP prior to her marriage whereby this showed her as sole owner. This was done on line and although he fully agreed to this he claims that it is not valid as it was not done in front of a Solicitor , however it clearly states that both parties had opportunity to seek Legal advice.
Subsequently when she and her husband decided to move to facilitate parking for his car and van they agreed that he would contribute 10% and her investment would be 90%. To help them I arranged a personal loan of £30,000 each interest free . whereby he repays at £250p/m and Tracy repays when she downsizes ,( she cannot afford a mortgage) as this was her intention when the older children moved out.This was NOT a so called soft loan as it formed part of my pension strategy and eventually needs to be replaced.
They took out a Deed of Trust again for the protection of the children and this was done by a local Property lawyer in a meeting with Tracy and her Husband and I was unaware of this Trust. However on his Finanacial form he is claiming that I pressurised him to sign
... As outright lie , where he is seeking to gain monetry advantage.
His statement says that he earns as partner in an electrical appliance retail business only £12000 p/a which is ludicrous, and our Solicitor advises that from the bank statements he is obviously defrauding the revenue re Vat and income tax. He in fact supplied several large appliances to me and members of the family at full price but insisted on cash..he did not offer receipts. ( this may need referral sometime for further investigation !!) (on a dating website he has stated income of £25K -£35K)!!!! which more nearly reflects his lifestyle.
The property is valued at £450000 by three local estate agents although he claimed a figure just in excess of £500,000 through a ZOOPLA website which does not take into account the fact that the property needs updating and fronts a very busy main road(noise). In fact when on the market it took several months to find a buyer and was reducedin price on account of condition and position.
He is claiming that he needs £200K to purchase a flat/apartment so that he could have Scott overnight although his intertest in the boy only became active when the divorce was proposed.
Obviously as Tracy has been running at a very considerable financial debt situation all her meagre savings are now used up and she will have to sell anyway. , but the minimum need would be a three bed property which needs to be in the area re school and hospital visits for Carl who is now 17 and has Chronic crohn's disease . scott and Gemma are asthmatic and on the form he has stated one child (Scott as good health. he is not and has daily to use inhalers.
I have advised Tracy's solicitor that a settlement figure would be offered of up to £44000 and if necessary I would forgo the balance of my loan to him of £20,000 making £64,000.
However if he persists in demanding a totally unfair amount then we will have no recourse but to refer the decision to the Court wit full facts of his @lifestyle and financial irregularities . His financial form unfortunately is a mass of lies unfortunately designed to mislead an adjudicator.
The property is value £450K sellig costs at 3% would bring this to £436500. , repaying both property loans would further reduce this to the nett equity of £386500. and for Tracy with paramount needs to provide accommodation for her children(2 under age) and herself a three bed is an absolute minimum and they are around this level .in this area. (mostly more!!!)
As there was no residual equity I have offered to cash in my one remaining retirement investment to solve a difficult situation. this is valued at £44000.
The husband has in his bank account some £20K ( and states cash at home and owed to him total of £3000, He states that he could obtain a mortgage of only £39000 based on his declared salary of £12000. obviously he will not divulge to a mortgage company his true income. He does NOT need to buy as he can easily afford to continue renting .( he currently rents in a bedsit, but local rentals are available at £750p/m ( he is trying to reduce his payments to 391.00p/m by his devious declarations.!1)
I would be grateful of your comments as to what you feel the outcome would be as Tracy's Solicitor is preparing a proposal but I have told her that over and above the £44000(+£20000loan cancel) we will have to go to trial , whereby any offer is withdrwan and there will be full exposure of all facts. There is plenty of evidence. Ironically , part of his outside interest are as a part time special policeman , where one would have hoped for some honesty, but whtever undertaking he may have had to give he has not lived up to it.
Hi Caroline, if you would kindly indulge.
If he is NOT prepared to accept a reasonable offer based on the following , do you think it would be considered ....
Ist marriage has Deed of Sepn. agreed and upheld by both parties.There was no Consent order as it was not known that one would be required, and in any case both the persons concerned were honorable and trustworthy.
Subsequent pre nup fully agreed by both states assetts in house, whereby wife was endevouring to protect her childrens interest as well as her own. Again fully agreed without coercion , by Husband. He fully accepted this.
On moving (to facilitate parking for his vehicles(2) the couple went to a Local property lawyer( after marriage) where it was agreed by both that he purchase a 10% and the wife retained 90%. This again was in respect of the original undertaking with first husband . A Contract was drawn up and witnessed as a legal document. He in fact said that the Father pressurised him, whereas he had NO knowledge of said agreement. ( another attempt. to mislead.
He is further attempting to mislead the adjudicator by querying health issues with Wife and Children despite overwhelming proof on all counts, he is attempting to discredit the information provided. He apparently has NOT disclosed the income derived from a secondary business that he runs apart from retail, whereby he maintains and installs various domestic machines. He does seem to have muddled his personal bank statements with his business accounts. His questionaire is designed to mislead and can easily be shown to be incorrect assertions, designed to favour his outcome which our Solicitor is dealing with.
Would it assist our case to ask the Revenue for an opinion (inspection )1 prior to settlement?.
His financial imput was only £19000 + £10,000 repaid on loan.
He claims he needs £200K for a house but shows £12000 as his income despite a great deal of social spending!!.(mainly pubs) . he is also in two relationships at the moment !!!...
Our solicitor is going to refer to his income ability as she states that he could easily earn more than he declares , in a number of jobs(he is a qualified electrician, also he is a part time special police officer, and could easily transfer to a paid job25-30K as a full time P.C.
Or eeven as a security officer at around £25Kor Community Officer at 28-30K... He has only recently renewed his shop lease which in itself is strange as there is not a great deal of profit showing.!!!
WIFES HOUSING NEEDS PARAMOUNT
Housing in the areas where Scott attends is for a three bed from around £360K(semi) to £420K Det.). and the Wifes needs are paramount in this case , but does not leave much after deducting sale costs, and repaying outstanding loan.
At a considerable difficulty I have stated to our Solicitor that to facilitate his fair share I would cash in part of my pension plan to provide max of £44000 and forgo the balance of loan(£20,000) meaning his value is £64000), ( withdrawn if it goes to court.) More than double his agreed share.
Three local est agents have vaued at £450K (subject to some improvements ,,,min£5000))
whereas he claims ZOOPLA at £515K , but this is a website without local knowledge giving guide prices and not basing on local factors. the house is adjacent to a busy road(v Noisy and may be difficult to sell)..
Surely any reasonable judgement would take into account all the factors as given together with his financial misdeeds, and not only the adultery but the extensive sickening matters.(not fit for a lady to read.)
As you say he may opt out of a court appearance as he may well not wish to have these matters disclosed, but he only has his mind set on grabbing as much as he can.
You have indicated the sums , that in a normal divorce would occur but I wonder whether you feel that a full disclosure if necessary would reflect the true state of affairs and adjudicate in a fair manner. He may of course have to suffer the consequences of a full Revenue inspection .
Your further kind opinion would be appreciated, I shall be happy to rate your answers whatever you suggest.
Thank you again