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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Divorce advice please. My daughter had a divorce(amicable

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Divorce advice please.        My daughter had a divorce( fairly amicable some 11 years ago and subsequently met her present husband some 10 months later. Her ex made provision that she had a small 3 bed property from the marriage in return for ensuring the best accommodation for his 3 children as a condition. ( he supported them but not my daughter.) and this was agreed.

Her new partner moved in and they had one child now aged almost 9. The couple married some five years ago, and to accommodate the extra family a two bed extension(70000) was provided by myself for the benefit of my daughter and especially her teenage daughters.(with shared en-suite)

Subsequently it was deemed necessary by them to move as on a shared drive were 6 cars causing problems between neighbors.

In order to move a new property with better parking was found but they needed an extra £79000 to move. By selling off a retirement investment we were able to provide my daughter with a £30,000 loan interest free (long term) Her husband had CASH !!! (small retail operator) !!1 of £19000 and needed £30,000 for his mortgage. As his declared income was low I provided a personal mortgage interest free as a goodwill gesture and for the benefit of all.(repays S/o at £250p/m.)

A PRE NUPTIAL AND DEED OF TRUST were signed and witnessed whereby her husband was to receive 10% and my Daughter 90% to represent the contribution to the property in event of marriage breakdown.

He said he wanted to purchase the 10% so that he felt that he belonged there to some extent. This was fully agreed by both parties.

However some 18 months or so ago my daughter discovered that not only was her husband committing adultery (longstanding) , and which she might even have forgiven , but he was displaying far worst possible aspects of someone having (allegedly) Multiple Personality Disorder, with aspects to horrific to mention here .

He was rarely home as he also was a part time special police officer affording him plenty of time away from the home.

His other lifestyle sickened my daughter so much that she insisted that he leave, and although she repeatedly requested a divorce he refused until recently, and has now agree to a divorce stating his adultery providing his partner is not named. ( this is by far the lesser of the evils and a divorce has been put in hand.

However he constantly goads my daughter and in fact recently blamed for his mental breakdown. As part of his mental problem (allegedly) he is misleading his Solicitor as he constantly denying his actions (COMPLETE evidence is to hand )! My daughters Equity in the property is some £375,000 but her income is such that she has a part time job (limited to 16.25hrs by the Employers as a school support assistant and some family benefits , and she has for the past year since he moved out had to purchase most of her food from ASSURED foods(outdated).

She has always paid for all domestic accounts herself(he provided a weekly shop whilst living in the property.(his one contribution has been a partly fitted kitchen(not completed) at a cost of some £4250(est as mostly cash transaction!!!

She will not accept further help from us as we are retired However her OUTGOINGS EXCEED her INCOME. causing her a potential debt situation He has reduced child support to abs.minimum of £55.00 per week for his son.

He has been offered the amount the he put into the house which exceeds his entitlement of 10%(after repaying balance of his mortgage) (by around an extra £10,000.) However someone(his biased Solicitor??) is advising him he could get much more , poss £150K ot even £200k. We obviously have appointed an experienced divorce Solicitor, However he seems to prefer to use a softly softly approach merely acknowledging the other Solicitors letters, but not refuting false allegations.

A Form E is being completed for consideration , and our Solicitor is apparently only concerned with the divorce aspect and to await the results from the respective E forms.       However the forms cannot show the horrendous acts and manner in which he has shown in his various preferences !!!

Is there any real justice that such a person could get away with this I would appreciate a second opinion.

Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What income does her ex have?
Customer: replied 2 years ago.

Hello Clare,

The house is valued at ...£440,000 and there is £51,000 o/s on a private mortgage.(£21000PHIL and £30,000 TRACY)

His last a/v trading a/c showed at £17000, and more recently he stated that he only earned £11000p/a .

He is a retail white goods trader ,and deals a great deal in cash. (sometimes insisting on cash only !!!)

He has a secondary job repairing and installing white goods to various organisations. He has NEVER paid any household bills (other than buying weekly food),(he provided amongst his drinking friends, a partly finished kitchen(est at £4250 as mostly CASH)

On my daughters first divorce 'fairly ' amicable, her then husband said that if she forgo any maintenance for herself, he would provide funds for a small 3 bed property so that his children(2Girls/1boy) were properly housed primarily for their current and long term benefit .

He also agreed to pay the children's maintenance (he has done so)

However when her present husband moved in , the property was too small and Tracy's parents provided £70,000 for a two bed extension , with en suite.

(at that time had to request that he stopped walking about in the nude as her girls were pre- teens.)

It later transpired that with a small shared drive that the neighbours with 4/5 cars and Tracy and Phil with two, there could be a problem.

Tracy located the present house , , but to move required some £79000.

As Tracy could NOT afford any mortgage , her parents offered her a long term loan (from their retirement fund) of £30,000. (to be repaid if and when the house was sold......)

Also Phil put in £19000(CASH) !! and was going to get a mortgage from Nationwide. However with his DECLARED income this might have proved a problem..... As a gesture of goodwill, Tracy's parents provided Phil with a contractual personal mortgage of £30,000( INTEREST FREE 10years) he has repaid £9000 to date and £21000 is outstanding as at this time.

Because she had agreed with her Ist husband that she would provide protection for THEIR children re the property she took out a Pre -Nuptial and a DEED of Trust whereby BOTH her and Philip fully agreed that in the event of the marriage failing then

Phil would receive 10% .....and Tracy would receive 90%.

Tracy might have forgiven his long term adultery.....however it came to light that far more horrendous matters from her husband were evident(there is full evidence to prove these alleged perversions) . and Tracy asked him to leave.

He has been offered a sum greater than his entitlement ,to repay his overall input of £32000

The detail is given so that you understand how the property was obtained.

Thank you Claire

Since he moved out Tracy and her family are existing mainly on ASSURED foods(outdated) and she is running at an annual deficit even though she is working as School support assistant 16.25hrsp/w and some child benefits.)...She does NOT want extra help from her parents as they are now retired.


How old are the children now and how much does a cheaper three bedroom property in the same school area cost?


Customer: replied 2 years ago.

Children are now SCOTT, 8 yrs asthmatic , Carl 16,(has Crohns severe ) Gemma (now 21)asthmatic and Katy now 23, all at home .

3 bedroom properties in the same school area are around £375000 to £425000 ,(when available, few and far between.

As the family are older they require at least 4 beds now ....(Katy is currently using sofa bed in family room any way.)



Note it was a condition imposed by Tracy's former husband that she provides adequate residential accommodation for their children and protection if she re-married . accordingly this was the reason for the Pre-Nuptial and The Deed of TRUST.(fully agreed)

Was the prenuptial agreement signed after full financial disclosure; after both parties had received separate legal advise - and at least 28 days prior to the marriage?
Customer: replied 2 years ago.

Hello Claire

The pre nuptial was signed after full financial disclosure., and both parties had signed to say that they have had the opportunity for legal advice. , and it was in fact taken out on 9th FEBURUARY 2009( exactly 28 days before wedding.

Both were fully in agreement



The first point to make clear is that however offensive the behaviour of the husband has no relevance when it comes to the financial settlement - unless the behaviour has financial consequences - such as a severe gambling addiction.
The fact that no legal advise was actually taken could also be a problem in terms of the Family Court accepting it and acting upon it I am afraid.
The family court has the power to ignore both the Deed of Trust and the pre-nuptial agreement if it considers it fair to do so.
In addition when considering the housing needs of your daughter the two elder children are no longer part of the process as they are both adults.
However a 50/50 division of the equity - or anything close - is highly unlikely, but anything between 10 and 25% is possible depending on the approach that the court takes to the Pre nuptial agreement
I am sorry not to give more positive news - please ask if you need further details
Clare and other Family Law Specialists are ready to help you