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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1936
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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There (Sorry its so long) When my wife and I split

Resolved Question:

Hello There (Sorry its so long)
When my wife and I split and divorced, I agreed to her having the house so that our two children was always protected.
The house is worth 500k and had a 60k mortgage so a value to my ex of 440k
I also gave 15% of my pension which is 150k,
I paid 1.8k a month for 3.5 years which is about 54k,
Also 15k cash on day of divorce and 22.5k cash as a final settlement.
This totals a cash loss to me of 680k that I have paid to my ex,
Also I have tried to support both children over the last 5 years with various payments for university and new cars etc, even now I give them both 100 GBP each a month even though both are working.
I had a 1.1M pension pot of which I was allowed 25% as cash, the rest stays as pension and is given monthly. I also had about 200k in savings, so I had 500k in cash, I currently live in Turkey but I am retiring back to UK in June. I needed to spend 400k for the house (Done) that leaves 100k then I need to buy 2 cars 20k, all furniture as I have none 15k, I hope to buy a cheap boat 12k plus all of the other bits for house , tax, insurance etc 5k, I had it painted 2k, outside and gardens done 1k so after all that I am left with about 50k and I know it's a lot of money but I have to live on that for 2 years as cannot touch pension until I am 60, then I will have a pension of 39.9k a year
This is where my problem comes in, My Ex has sold the house for 500k and has told the Children (20 and 22 years old) that she will give them 25k each and that I should give them the same so that they have a small deposit on a flat as she does not want them living with her and her new partner. I could give this money but it would leave me very short as I start my life as a pensioner. I know I can just say no but would hate the kids to be put in that position.
Is there anything legally I can do to make my Ex give a larger portion of the sale to our children as I only agreed to sign over the house to protect their standard of living, I think fair would be that she split the profits 3 ways for her and the children. I want nothing out of this. further she is going to live with her new partner so this is all profit for them.
Advice please
Best Regards *****
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.
Hi, thanks for your question. Was the previous financial settlement approved as part of a court order? Was there anything in the order dealing with provision for the children? If so, what were the terms?
Customer: replied 9 months ago.

I thought you may ask that and the true answer is not really, but my ex was worried about losing the home and just getting half of the value and having to live in a lesser area, so I agreed she could have all the house. the court order is below. As I say I don't want anything but just no to be seen in a bad light to my children

IN THE CHELMSFORD COUNTY COURT No of Matter: CT10D00960

BETWEEN:


YIANOULLA (known as JOANNA) GLASSON


Applicant


-and-


STEPHEN ARTHUR GLASSON


Respondent


_____________________________________________


CONSENT ORDER,


29.02.12


_______________________________________________

BEFORE DISTRICT JUDGE SILVERWOOD-COPE, sitting at Chelmsford County Court on 29.02.12.

UPON HEARING Counsel for the Applicant Wife and the Respondent Husband hereafter referred to as the ‘Husband’ and the ‘Wife’.

AND UPON THE FOLLOWING RECITALS AND UNDERTAKINGS.




  1. The Husband and Wife agree that the terms of this order are accepted in full and final satisfaction of all claims for capital and pension sharing orders, which either may be entitled to bring against the other in any jurisdiction howsoever arising in relation to their marriage.




  2. The Husband and Wife agreeing that the contents of 6 St. Swithins Cottage, Howe Green, Chelmsford, CM2 7TN shall remain the absolute property of the Wife.




  3. The Husband and Wife agreeing that they have no legal or equitable interest in the property or assets owned by the other except as provided for in this order.




  4. The Wife agreeing with the Husband and undertaking to the Court to use her best endeavours to procure the release of the Husband from his covenants under the mortgages secured against 6 St. Swithin’s Cottage, Howe Green, Chelmsford, CM2 7TN in favour of Birmingham Midshires Building Society and to indemnify the Husband from all liabilities in respect of the same.




  5. The Wife agreeing with the Husband and undertaking to the Court from 01.04.12 promptly to discharge all mortgage interest and capital payments due in respect of the mortgages in favour of Birmingham Midshires Building Society secured on 6 St. Swithin’s Cottage, Howe Green, Chelmsford, CM2 7TN and to indemnify the Husband in respect of the same.




  6. The Husband agreeing with the Wife and undertaking to the Court that he will continue to meet the outgoings of the Wife and their children he has met to date until 31.03.12.




NOTICE:

TO THE APPLICANT WIFE AND THE RESPONDENT HUSBAND

YOU MAY BE SENT TO PRISON FOR CONTEMPT OF COURT IF YOU BREAK THE PROMISES THAT YOU HAVE GIVEN TO THE COURT OR IF YOU FAIL TO PAY ANY SUM OF MONEY, WHICH YOU HAVE PROMISED THE COURT THAT YOU WOULD PAY, A PERSON ENTITLED TO ENFORCE THE UNDERTAKINGS MAY APPLY TO THE COURT FOR AN ORDER. IF IT IS PROVEN THAT YOU HAD THE MEANS TO PAY THE SUM BUT YOU HAVE REFUSED OR NEGLECTED TO PAY THAT SUM, YOU MAY BE SENT TO PRISON.

SIGNED STATEMENT:

I UNDERSTAND THE UNDERTAKINGS THAT I HAVE GIVEN AND THAT IF I BREAK ANY OF MY PROMISES TO THE COURT I MAY BE SENT TO PRISON FOR CONTEMPT OF COURT

SIGNED

JOANNA GLASSON

STEPHEN ARTHUR GLASSON

BY CONSENT WITH EFFECT FROM DECREE ABSLOLUTE IT IS ORDERED THAT




  1. The Husband shall pay or cause to be paid to the Wife a lump sum of £12,000 (twelve thousand pounds) by 01.04.12.




  2. The property known as 6 St. Swithin’s Cottage, Howe Green, Chelmsford, CM2 7TN shall be transferred to the sole name of the Wife subject to the mortgage secured thereon in favour of Birmingham Midshires Building Society.







  1. There shall be a pension sharing order in favour of the Wife of the Husband’s rights under his arrangements with Tesco plc pensions providing the Wife with a pension credit of 15% of the value of the said pension (in accordance with the annex hereto) it being agreed between the parties that in the event that the Wife predeceases the Husband after this order has taken effect but before its implementation the Husband shall have the Wife’s personal representative’s consent to an application for leave to appeal out of time against the terms of this order.




  2. The Husband shall pay or cause to be paid to the Wife from 01.04.12 for the benefit of the Wife and for the benefit of the children of the marriage, Lily (31.10.92) and Joshua (08.06.95) periodical payments of £1800 per month payable monthly in advance on the 1st of the month. The said periodical payments will end on the first to occur of:





  1. The death of the Husband or Wife;




  2. The remarriage of the Wife;




  3. A further order terminating payments;




  4. 02.04.17, after which date the Wife will not be entitled to make any further application in relation to the marriage for an order under the Matrimonial Causes Act 1973 s.23(1)(a) or (b) for periodical payments or secured periodical payments. Furthermore pursuant to the Matrimonial Causes Act 1973 s28(1)(A), the Wife may not apply to extend this deadline.




The Court being of the opinion that the said periodical payments are reasonable provision for the children of the marriage and any Child Support Agency assessment of the Husband’s liability for either child in excess of the amount payable from time to time for periodical payments under this order shall be reduced by £1 for £1 with the Husband’s liability under the said Child Support Agency Assessment.




  1. Save as foresaid the Husband’s claims for financial provision, pension sharing and property adjustment orders deemed to have been made against the Wife do stand dismissed and the Husband shall not be entitled to make any further application in relation to the marriage pursuant to the Matrimonial Causes Act 1973 sections 23 (1)(a) or (b), 24, 25 nor to make any application upon the death of the Wife for provision from her estate pursuant to the Inheritance (Provision for Family and Dependants) Act*****deeming it just so to order.




  2. Save as aforesaid the Wife’s claims for property adjustment orders, pension sharing orders and lump sum orders do stand dismissed and the Wife shall not be entitled to make any further application in relation to the marriage pursuant to the Matrimonial Causes Act 1973 sections 23 (1)(a) or (b), 24, 25.







  1. Upon cessation of the periodical payments ordered at paragraph 4 above the Wife’s claims for periodical payments and secured periodical payments shall stand dismissed and the Wife shall not be entitled to make any further application in relation to the marriage pursuant to the Matrimonial Causes Act 1973 sections 23 (1)(a) or (b), 24, 25 nor to make any application upon the death of the Husband for provision from his estate pursuant to the Inheritance (Provision for Family and Dependants) Act*****deeming it just so to order.







  1. There shall be no order for costs of and occasioned by this application for financial remedies save detailed assessment of the Wife’s publicly funded costs.







  1. There is liberty to apply as to the timing and implementation of the terms of this order.

    AND IT IS CERTIFIED for the purposes of the Community Legal Service (Financial) Regulations 2000 and Access to Justice Act 1999 that the property at 6 St. Swithins Cottage, Howe Green, Chelmsford, CM2 7TN is preserved for the Wife for the use of a home for herself and the children of the marriage.

    29.02.12



Expert:  Harris replied 9 months ago.
Thanks for confirming. The order confirms the settlement you have mentioned and the position that your ex-wife is now proposing (you equalling her payments to the children) is something entirely voluntary. Furthermore, her own payments are voluntary and you cannot legally force her to provide anything further than what she has proposed, nor can she force you to provide them anything further. If the children are still in university, they can themselves pursue an application for maintenance from you.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1936
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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