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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter (T) is undergoing a stressful divorce to her second

Customer Question

My daughter (T) is undergoing a stressful divorce to her second husband.(P)In his financial report and subsequent questionnaire he has constantly lied throughout and issued false allegations against me the father. In my daughters first divorce a Deed of Separation was agreed (for the benefit of the 3 children whereby ( R ) provided full costs of 3 bed house from sale of existing house.) . The second husband is stating he had no knowledge, yet he was specifically told the my daughter could not marry him, unless they signed a PRE NUP to recognise the First husbands claim.( He did NOT request a clean break and has not remarried) as there was this Deed and that he would have to sign a PRE Nup(they had been living together for 6 years) .
He lies saying he was forced to sign it or be thrown out of the property. What sort of man would get married under that duress ?.
He has NEVER paid any household bills apart from weekly food shop. Subsequently because of his two cars they decided to move to a house with parking, and I provided each of them with an interest free loan (£30,0000 as a goodwill gesture.
He wished to have a small interest in the property(10%) as he said he would feel that he belonged there more.
IN order to protect the obligation that the daughter had , they agreed to take out a DEED OF TRUST whereby the shares were listed as 90% . HIS BLATANT LIE is that he STATES that he was not aware of what the report contained and that he was not allowed to see it....and that I was complicit in arranging this Deed ...In fact he and the daughter arranged both the pre -nup and the deed of trust without any knowledge of either by me. ......This has been confirmed by my daughters Solicitor with the property Solicitor who drew up the Deed . Both were present and willing parties.
He has also falsely declared his income, and it can be proven that he has committed tax evasion. Apart from his admitted adultery, his sexual deviations are too repulsive to mention here.
Do I have recourse in law for his false allegations which can be proven?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your question My name is ***** ***** I shall do my best to help you.No YOU have no recourse in this matter since it is being dealt with by the Family Court within your daughter's financial settlement and divorce proceedingsPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Thanks for prompt reply, I believe you are the same solicitor who has previously responded to my Questions...on behalf of my daughter Tracy ... . can I not take action on my own behalf, either now or at a later stage, he should not be allowed to issue such blatant lying statements without some form of response.
Expert:  Clare replied 1 year ago.
I am afraid nothe has issues those statements within the divorce process - he has not published them abroad and no one will think worse of you because of what he has saidThat being the case you have suffered no loss!
Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 5 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello Claire,
Whilst you say that I have suffered no loss, he is using blatant false allegations to justify a significantly higher claim to which he is entitled. In fact Tracy's former husband has come on the scene as in their Deed of separation 2002, he did NOT request a clean break and has not remarried. he states that he is only concerned for the welfare of his children and their ultimate benefit. (he had a 75% interest) (he lives with his parents!). Philip the present husband has lied extensively, committed tax evasion(provable), and much of what he is declaring on his financial form is 'contempt of court'. (also provable. If the matter goes to Court presumably a solicitor or Barrister will bring these matters forth. Incidentally his main claim for having a property of his own was to house his child overnight. However the child has told him that he definitely does NOT want to stay overnight .(he does still wish to see him.)
The former husband is prepared to put his claim forward on behalf of his children ( but has no objection to his ex wife remaining in the property as a lifetime basis. Inthis respect Tracy has taken out a will favoring the children.A generous offer has been put forward amounting to 3X his entitlement under the Deed of Trust (after marriage) and the pre Nup prior to marriage.
The ex husband is happy to join forces with me to represent our interests if Philip insists on going to Court , and it has been suggested that we appoint our own solicitor. Can we be represented in this case(although it is getting complicated)
My daughter is 47 ( has health problems herself) but is currently looking after the older son(17) , who has chronic Chrohn's disease(possibly disabled)and recently hospitalised and Scott the product of the recent marriage (9) who suffers badly with asthma. ( he has a pigeon shaped chest due to shallow breathing) Yet in both cases the present husband claims they are in good health.
Your kind advice please. J
Customer: replied 1 year ago.
You have previously advised that I should not get involved, but unfortunately my daughter is suffering from stress and the husband is still goading her at every opportunity. He has been suffering mental problems (which he acknowledges in writing, declaring his undying love) , but then switches to a complete narcissistic person.)
Customer: replied 1 year ago.
The value of the house is nett £460,750 (less outstanding loan of ££49250== Equity =£411,250
Philip requested to purchase 10% after they had married (as he felt that in some way he would belong) . There was a prenup, and when they moved to current property the couple willingly signed a Deed of Trust , in a Solicitors office, fully witnessed and confirmed to our solicitor by the property solicitor. However Philip has again lied stating the he was forced to sign, and that I had arranged this with my daughter. I had no knowledge of this whatsoever and as this may be aired in court I fail to see why I have no legal redress. ...Possibly a contact with the Inland revenue may be a possible answer to some of his deceit.(yes I can prove it!!)
Expert:  Clare replied 1 year ago.
Your daughter has other options in dealing with the matter - including the assistance of her ex should the matter go to Court.
You have no place in these proceedings other than as moral support for your daughter
Customer: replied 1 year ago.
Can you kindly advise how my daughters EX could assist?(his priority is his 3 children and to protect their right of occupation (even when they are older than 21)and for their ULTIMATE financial benefit. (he advises that his interest is £286000 , and my daughters solicitor agrees that amount.
Customer: replied 1 year ago.
Can you also advise of my Daughters other options. My interest is to provide support for my daughter as the stress of the divorce and caring for 2 sick children is proving a considerable facrtor. Her GP has put her on medication.
Expert:  Clare replied 1 year ago.
Her ex can "Intervene" within the divorce proceedings to protect his potential interest in the propertyYour daughter is able to produce proof that her children are ill and that her ex has not been honest in his statements.SHOULD The matter go to court she has every chance of her offer being the one that is successful.

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