I left the marriage with a car with an approximate value of £7k at the time. A trike with an approcimate value of £10k, both of these items have been retained by my for use with our youngest son. I left with the majority of my clothing, jewellry although some gifts were asked to be returned which I did. I also asked for the furniture from our youngest sons bedroom which amounted to one wardrobe, a chest of drawers, a bunk bed, a television and a selection of his toys. over the months following my leaving I was given first refusal on a variety of items that would otherwise have been thrown out or given to charity shops - i did not get all items that were offered to me.
I had no solicitor as i had no means of paying for one and out of a sense of 'fairness' since I had comitted adultery, i abided by the advice given to my husband by his solicitor and the belief that my sons father would not jepoardise their inheritance, especially as the child that lives with me will most likely never live independently and of course we will not be around to support him to his life's end.
i have one email in which he states that he had no intention of cohabiting and that he would ensure his kids future inheritance would remain safe...
"Just want to clarify the situation so you understand how it would pan out. Please read carefully and ask questions. I am not trying to hide anything as you have all the information yourself.
Taking into account what you already have, trike car, jewellery, etc, all the debts/loads/credit cards/tax credits etc, my stuff, contents and the house value, I reckon that if you pushed this and battled for 50% you would and up with a max of 65k extra over and above what you already have. That assumes I sell my car, bikes and the full contents of the house and that court costs and solicitors are kept below 30k which is a low figure nowadays, Brent’s was more than that 7 years ago.
Not allot really is it but I can’t fund it. So Richard a nd I end up without a home and you end up with a deposit. If the capital stays together without being diluted then the kids get looked after as it is only me who decides. Split it up and it will potentially disappear into a myriad of pockets. Every scenario that applies to me also applies to you except you are way further down that route than I am.
That amount will grow if left where it is with the house but if the house isn’t mine then I would be stupid to continue to pay for it so better to cut my losses and tell Richard we have to move as you owning half of the house means it could be claimed by someone else if you die . I am sure it is David who would talk in this manner, I was warned that this would happen and it would end up as a bloodbath because it always does. I offends me that anyone should doubt my instincts to look after my kids, I told you that the million scenarios that can be invented will not be allowed to happen, you know me better than that and I am not the type to be bullied or pushed into anything I don’t want to do.
I said I would ensure that no-one else can inherit my assets. There are ways to sort these things and I am fully aware of the implications that future events may have so I said I would protect my assets, properly, no-one is going to lay claim to what belongs to my kids.
I have no plans to move anyone into my house or co-habit. How can I, 5 weeks ago I thought my future was sorted but I do know I can and will control what happens. You have to trust in me to do what I say I will do as you can only protect a further 65k and potentially wreck everything else.
As it currently stands I have taken on all of the loans, paid off the overdraft and taken responsibility for the credit cards. That lot is 800 a month on it own. Then I pay you for Anthony and anything else he needs. In addition you had over estimated the amount available through the company by 28000 pounds due to a mistake with the VAT which has been running for 3 years. The cash available went instantly from plus 18000 to minus 10000 so I have to sort that to pay tax bills and the like. You have to remember that half the debt is yours as well as half the assets, it is the net figure we have to consider. We are living on cash give to me by my parents and beryl at the moment.
You have in reality got allot more than you think already and it isn’t just a case of splitting the value of the house so don’t allow other people to interfere as they will only make it worse and the kids will loose out in the end as a big lump of cash will go straight to the solicitors. They will just love it.
The only other issue is ICL which relies on me to sell it and provide you with extra cash to do as you please with. That is also in the agreement.
I am sure your advisor is also making assumptions on how much I personally make, you know how much that varies and it relies on how much time I am prepared or allowed to put in. If I only work a standard week then I only just cover bills as you well know. No court can instruct me to work 50 hours a week as it contravenes EU law so what you already have is probably a fair amount considering I have taken on everything else.
I am sure you can work it out yourself, Just add up what you already have, add it to the value of my stuff (bikes and cobra) and take off all the debts/mortgage/overdraft/credit cards/solicitors/estate agents/solicitors etc and divide by two. Subtract what you already have and i t comes out at circa 60-65k.
So do take this all on board. Tell others to mind their own businesses and if we couldn’t look after each other then at least leave us alone to look after our kids futures.
Hope this makes sense, it isn’t meant to be threatening just factual, if you decide to go down a different route then let me know, preferably today so I can instruct my solicitors accordingly and they don’t charge me for work that isn’t needed. I love my kids and have worked my whole life to give them everything they needed, that at least hasn’t changed and it won’t change in the future."
a further quote reads:
I simply won't allow anyone else who comes into my life to have a claim on what belongs to Anthony and Richard. It isn't going to happen, I don't know any other way of saying it. No way, no how, not happening.
further checking of emails between me and my ex husband has brought up one such email where he told me what I should say to avoid the judge overturning the consent order and to avoid our eldest child to suffer any more emotional trauma. I complied has verbal promises had been made about putting our eldests name on the mortgage or deeds and it was my intention not to make him or my ex husband homeless because I had chosen to leave the marriage
immediately before the court date for the consent order i have another email where he states the agreement as being one where he would put my eldest child on the mortgage to protect what was my half of the estate and further comments made that he would never allow anyone to come into his life and put his kids inheritance at risk.
We owned a business which has sold and as part of the divorce agreement, the loans etc which my ex husband supported were to be repaid before the balance was split 50/50 I received an amount of 8.5k, i used 3k of this to repay debts, the balance is in an account and forms the capital gains tax due on the sale of the company as a whole and becomes due in the new year. there is a further payout of approximately 58k to be made by the buyer but this is dependent on the successful issue of a patent currently going through the european patents court. this could take a few months to several years. this second payment, if received, will also be split 50/50