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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10621
Experience:  Barrister 17 years experience
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My ex-wife moved money into prize bonds in the names of our

Resolved Question:

My ex-wife moved money into prize bonds in the names of our children and had this on her affidavit of means as money for them. We settled and she got a big payout then claimed this money as her own. Can I appeal the settlement based on this
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
1. How much money was placed in prize bonds before the divorce? How much money was given to your wife in her divorce payout? How was the settlement reached? Was it out of court or was it after a hearing, or did the court give judgment on the settlement?
Customer: replied 2 years ago.
She placed €32000 in prize bonds before the divorce. Settlement before court. We had about €230000 from a house sale in Australia of which she got €80000 upfront and the rest used to pay down the mortgage on our empty house (I am still continuing to pay €500 a month on the rest of the mortgage until the house sells), she will then get another €10000 as well as I have to give her €5000 every 6 months for two and a half years starting December (all my company shares). Children are 17 and 19. Neither in university.
Customer: replied 2 years ago.
We were in court 3 times but not called then settled night before third time. As we were walking into court to get it agreed my solicitor told me that my ex's solicitor told him that the money was now hers. This has been eating me since but my solicitor now says there is nothing I can do about it...... and I pay €400 maintenance per month for my 17 year old daughter.
Customer: replied 2 years ago.
I will be left with the proceeds of the sale of the house less the €10000 to her, solicitors and agents fees and my solicitor and barrister fees (about €30000) so will end up with about €20000 and my pension (about €150000). My ex works part time as a midwife and earns about €32000 and has a free car, petrol, housing, and heating oil from her family business. I earn about €75000 and am €52 years old.
Expert:  Buachaill replied 2 years ago.
2. I regret to say that you cannot challenge the prize bond issue because you knew the prize bonds were now belonging to your wife before the settlement was agreed by the court. You state "As we were walking into court to get it agreed..". You cannot now challenge something you were aware of, before you agreed the settlement and got it ruled by the court. The court will not now allow you to set aside a settlement on the basis of some fact you were aware of at the time of the making of the settlement. I appreciate that you consider this unfair, but you needed to raise the issue immediately at the time and get the settlement re-jigged to reflect the fact the prize bonds then belonged to her.
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