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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been divorced since 1995. My ex husband's family

Resolved Question:

Hello
I have been divorced since 1995. My ex husband's family owned a garage and some land. A year or so prior to our divorce he had been made managing director of the company and had been awarded shares. He has recently put the property up for sale and I have been made aware, by a solicitor at the time of our divorce (a family friend) that he did not make full and frank disclosure of his assets when we divorced. Am I able to make a claim against him for fraudulent disclosure to the court retrospectively? This is something I would not bother with but 1 of our daughters is disabled, having broken her back when 21 and as a result has now developed fibromyalgia. I feel extremely sad for both of our daughters, as his 'new' family - he has 2 step children, have everything their hearts desire, where as his biological daughter has nothing, simply because she cannot, or in her fathers families eye's will not work. They think she is ripping the tax payer off, by claiming PIP and living in social housing. Her condition is worsening and she will shortly have to give up her independence and come to live with me permanently. I still work full time as always, to support both of my daughters through university but now my own health is failing and I will not be able to assist my eldest daughter much longer. I feel it is time her father helped but after having asked and been told firmly that he thinks she is a 'waster', feel my only option is to go down this route, if I am able. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-Was there a financial settlement approved by the court?

-if so, what was the settlement?

-What is the value of the assets he did not disclose and when did you find out about it?

-

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a family lawyer for more than 30 years.

I note that there was indeed a Financial Settlement and that you have only recently been told about the non disclosure.

The fact that he did not give full and frank disclosure is indeed a reason the courts will accept for re-opening a

financial settlement but ONLY if the failure means that a substantially different Order would have been made at the time.

You can read more here

http://www.familylawweek.co.uk/site.aspx?i=ed127942

Given that that time was 1995 - long before many of the leading cases which mean a fairer division of assets had been decided, means that it will not necessarily

be easy to judge the potential outcome

However the fact that you have been told that there WAS a failure to disclose is enough to justify a letter asking for full details and to consider taking advise from a Direct Access Barrister as to the chances of success.

Please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much for that information. I will indeed talk to a barrister, as I know the original settlement would have been substantially more had he disclosed the shares he had in the family business. It would mean my disabled daughter would have a far better quality of life when I am no longer able to support her, if I have a case against him for not giving full and frank disclosure.
Many thanks
Gillian
Expert:  Harris replied 1 year ago.

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris