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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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hi My my wife and i separated 18 months ago the children wished

Customer Question

hi
My my wife and i separated 18 months ago the children wished to live with me (13 & 12 at the time).
I encouraged 50/50 shared residency but as the kids lived with me and she knew they were happier like that, it meant she could not get the house or maintenance!
roughly two weeks later after seeing her solicitor i received the beginning of the proceedings which led her to go to the courts for sole custody! (unnecessarily for the children's sake)
i was told if i didn't oppose this in court then she would be given sole custody, possibly gain the house and sell it to move back to where she came some 300 miles away!
the kids were happy with me as she had tried something similar two years previous and upset the children in doing so.
what ensued was a lengthy court battle costing myself approx £10,000 plus loss of earnings and having to put all on the credit card with a snowball effect having to put everything on the credit card!
i went from being £21,000 in debt when we separated to £41,000 in debt with more to follow!
she made a lot of bad false allegations which were now pretty well dismissed, the children live with me and don't want see her at all, i am struggling to live on a daily basis financially, but ok!
She has in my eyes cost me and the children thousands and now has been awarded 10% of the assets which equates at the moment to £14,000.
can i sue her for neglectfully and unrealistically taking me to court and costing so much!
If so could it be that i could possibly sue her for what it has cost or for her to release her 10% of the assets!Ma
ny thanks
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Sadly there is nothing that you can do.
In fact the pain and distress and costs that she has caused you looks as if it was reflected in the actual settlement
I am sorry there is not better news.
Please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

hi,


10% is 50% of the assets after all the mortgage and loans are paid!


But not the £41,000 personal debt!
So i only really get 10% to but keep the personal debt!


 

Expert:  Clare replied 3 years ago.
Hi
Sadly this does not change matters
Clare