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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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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When my wife asked divorce she knew she was going to

Customer Question

when my wife asked for a divorce she knew she was going to receive a large sum from her shares at work but kept this information from me. Her boyfriend was also her boss. He got her to get me to sign an agreement that she would keep her shares. I gave her £120000 settlement for her share of the house and 6 months later she owned 2 flats in London. I feel I have been manipulated out of this windfall. We separated in 2002 and divorced in 2004. Do I have any recourse in this situation.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWas a final financial Order made at the time of the Divorce and sealed by the Court?Clare
Customer: replied 2 years ago.

No. We just signed an agreement between the two of us listing how we would separate things. Her boyfriend I believe drew up the document. He is an accountant and obviously wanted her to leave me before the company they both work for was taken over by a foreign company for £65 million. I do not know what she received but I believe it was a substantial amount to allow her to be the owner of 2 flats in London a year later. She now only has one property with a value of £1.3 million.

Expert:  Clare replied 2 years ago.
Have you remarried since then - and can you prove that your ex was aware of the amount she might receive?How soon did she receive it after the divorce?
Customer: replied 2 years ago.

No I have not remarried.

Cannot prove it but she asked for the divorce in February, asked me to sign the agreement in March and in April the company was taken over. Given her boyfriend/boss was and is still the CEO who was brought in to oversee the sale I cannot believe she did not know. I guess at that time she would not have known the exact figure however. But I believe she knew it was substantial and acted as instructed by her boyfriend. We had been together for 30 years of which we were married for 18.

I believe she received payment some time in August 2002 when the takeover was completed, I believe she will have received both cash and shares in the new owners company.

Expert:  Clare replied 2 years ago.
When was the Decree Absolute?
Customer: replied 2 years ago.

October 2004

Expert:  Clare replied 2 years ago.
When did you find out about the money?
Customer: replied 2 years ago.

I found out in summer 2003 that she then owned 2 properties.

Expert:  Clare replied 2 years ago.
2003?
Customer: replied 2 years ago.

yes

Expert:  Clare replied 2 years ago.
But that was prior to the divorce?
Customer: replied 2 years ago.

yes. I just did nothing about it because I was very depressed due to her leaving me. . I was having a lot of problems at work also. I also agreed to a divorce on the grounds of a breakdown rather than adultery. I was not in a good way if you understand. Conflict was not something I could handle. I then went to live in France to get away from everything. I am now in contact with my ex -wife after 13 years and become fully aware of how well she benefited from her shares.

Expert:  Clare replied 2 years ago.
So in fact she had these assets at the time of the divorce?
Customer: replied 2 years ago.

Correct

Expert:  Clare replied 2 years ago.
So in fact they were not acquired with money from the sell out?
Customer: replied 2 years ago.

She received money from the sell out which she then used to purchase the properties. The sell out happened after the separation but before the divorce. I am concerned that I have not made this clear in my earlier responses. This process seems to be taking s long time.

Expert:  Clare replied 2 years ago.
Right that s more clear now.So the money was received PRIOR to the Decree AbsoluteFor clarity what is your overall financial position now (headlines only) and what income do you each have?
Customer: replied 2 years ago.

I stopped working in 2003 and moved to France. I bought and ran a B&B . The business closed in 2013. I now live with my parents and I am unemployed. She is still working. I believe her salary is circa £70000 pa.

Expert:  Clare replied 2 years ago.
What happened to your property?
Customer: replied 2 years ago.

It is currently on the market for sale. Has been for 3 years. The asking price is Euro 480000 but the market is very slow.

Expert:  Clare replied 2 years ago.
Best guess on the value of her properties?
Customer: replied 2 years ago.

Current value according to Zoopla is£1.3 million

Expert:  Clare replied 2 years ago.
OkSince there was no final financial order and you have not remarried then you can still apply to the court for a financial order and ask for a lump sum payment from your ex wife.Based on what you have said and the current financial position it is unclear whether or not there woudl be any realistic chance of success - but onthe face of it there is a potential chance of success.The starting point is to attend a Mediation Information and Assessment Meeting with a Family mediator - you cannot make the court applictaion unless you have done soPlease ask if you need further detailsClare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Ok Thank you for your time and effort

Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare