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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife walked out in 2010 & took substantial assets with her.

Customer Question

My wife walked out in 2010 & took substantial assets with her. I now have evidence that she was able to save much money from her own income.I also have a building society statement that shows that she withdrew nearly £25.000 from it in the last 9 months. In her financial declaration she has NOT disclosed having any of this money and am being told I can do nothing about it as I do not have proof. It could be as much as £80 to £100.000 that she may have hidden. What can I do ? I am 68 and she is now asking for another £60.000
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How did you come across this statement?
How much died she earn and what did she have to use it for?
Clare
Customer: replied 3 years ago.

over the 21 years you could say her average wage would be £850. she only paid for council tax and a dentist denplan from it. All else was paid from my income. this is what a solicitor told me. that i could do nothing as I had no proof now at this time.

Expert:  Clare replied 3 years ago.
Hi
So how do you know about the £25,000?
Clare
Customer: replied 3 years ago.

I have been able to get an actual account statement for the last year of its use.I have presented her facts of this and she just does not answer. the problem is that if in the last 3 years she has moved large amounts to her partners name to hide it then just what can i do. In a spread sheet about her finances it was shown that for 2 months in 2008 and 1 month in 2009 she saved a total £700. I asked about all the other months and about the 21 years of saving . No reply to any of this.

Expert:  Clare replied 3 years ago.
Hi
How did you get hold if that Statement and how far has the financial side of the divorce reached?
Clare
Customer: replied 3 years ago.

From the building society that was used. I still had info on the account. We are at the stage that she is demanding £60.000 from my property thats in my name only. am trying to get this money. she is my 2nd wife. we married in 1989 and I have owned this place since 1969.

Expert:  Clare replied 3 years ago.
Hi
Do you mean that you pretended to be her?
How much was in the account and when?
Clare
Customer: replied 3 years ago.

No it was a joint account that I had little to do with and she had 2nd account in her name only. I had a letter left here showing how much she had when she closed her one and that was £9,066.54.on the joint one on 21st OCT 2009 it held £13,097 and she started by taking £9,000 out of it on that date. When close it had £4.012 that was split. In total of both she taken £24,972.54.

Expert:  Clare replied 3 years ago.
Hi
What do you mean when you say that you were not allowed to produce this evidence?
Clare
Customer: replied 3 years ago.

Do you mean mediation ? because at that last meeting when I had realised she had not declared all her monies and had more info to present while in her company, the mediator would not let me present the facts I had, she would only allow debate on the disclosure that was in print to all. nothing fresh on finances was allowed. Can I carry on with this tomorrow ? as I have a relative from Lancashire arrived here in Somerset. If so how do I get back to you ? I am not a great user of computers.

Expert:  Clare replied 3 years ago.
HI
Just carry on on this thread when you are ready.
What assets and debts have been disclosed?
Clare
Customer: replied 3 years ago.

Hi. There are no debts and the asset declaration for mediation started all the problems. I declared all I had but did she? She always had saving and ISA accounts but did not declare any and its this that I wanted to question at the last meeting with all the info I now had and it was just not allowed. At one point in talks all pensions were taken out of asset comparison. To make things level between us I would have had to give her just over £16,000. But I pointed out the £25,000 she had taken and they just demanded more from me. I have a company pension that has a ridiculous pot of money in it that I could have never paid to it.

Expert:  Clare replied 3 years ago.
Hi
How much was declared by you both?
Clare
Customer: replied 3 years ago.

Do you mean in total value? I realise that the total value of both our assets would be divided to some agreement but I would still have this problem of her total. Was she declaring what she had saved and taken? she has shown that £300 pm was saved and over 21years plus the £25,000 its £100,600. that would not ave been added to that pot. How can it be fair and just that she could get away with no disclosure of what she may have.

Expert:  Clare replied 3 years ago.
Hi
What is the value of the assets which have actually been disclosed?
Clare
Customer: replied 3 years ago.

Hers is 135,277 and mine without this stupid pension pot is £164,573.


even then at mediation I knew and could prove she had another £15000 she had not declared. I then had to get this cetv of my pension and that was the shock for they stated it was £270,000.


Her offer to me at present is that of no claim on each others assets but that I pay her half the house £60, 000.or she takes me to court.

Customer: replied 3 years ago.

Well no reply from you and I can guess why. That I should just pay her but let me now talk of another point in all this. We are both motorcyclists, she having 6 old and new motorcycles that she took with her. In her statement for divorce she more or less said she had stayed in an unhappy relationship for 16 years? So why ? well I am an engineer and a very experienced mechanic so for 16 years she used me to maintain her assets. She can claim on my property and my pension yet with this unfair legal system I cannot claim for any of the financial expenditure that I have saved her for that 16 years. At a low hourly cost I have saved her £334,000.

Expert:  Clare replied 3 years ago.
Hi
I am sorry - I have been offline
How old is your ex and is your pension now in payment?
Clare
Customer: replied 3 years ago.

She is 64 has state pension and a small private pension. I am 68 and have the company pension and now a reduced state pension.

Expert:  Clare replied 3 years ago.
Hi
How much do each of the pensions pay out?
Clare
Customer: replied 3 years ago.

This is ridiculous. You ask all these questions but seem to give no help or advice on what I can do in my first question. What can I do to prove she has taken all this money from me.

Expert:  Clare replied 3 years ago.
Hi
I am trying to get all the information I need to give you a realistic answer.
I can answer based on what you have told me to date - but will be able to give you a better one if I know what income you each actually ahve
Clare
Customer: replied 3 years ago.

Sorry but I don't think your asking the right things. I have evidence that she was able to save £200/£300 a month from her own wages for may be the 21years. I also have actual building society statements that show that in the last 9 months of her being here she took a total just under £25,000 out of them. I have NO proof that she has this money now. She has not declared that she has it. This is what I wish to know. How can I get proof.

Expert:  Clare replied 3 years ago.
Hi
I was asking the questions that I need to give you realistic guidance on your pension - but if you do not wish to answer that is fine I will deal only with the issue of her savings
You are not going to like my answer but sadly I have to be honest with you
Whatever you believe about the last 21 years the court will not be interested in your theories and you are wasting you time pursuing them and it will distract the court from what you CAN prove.
What you can clearly prove is that she had substantial savings in 2010 and within the Court Application for Financial Issues to be decided you will be able to insist that she produces the Statements for that account going back at most 5 years.
I hope that this is of assistance - please ask if you need further details
Clare

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