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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1442
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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CUSTODY.......from the above questions 29/06/2015 where CLAIRE

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CUSTODY.......from the above questions 29/06/2015 where CLAIRE gave sound advice further development requires that my daughter goes for sole Custody ( reasonable day time contact allowed providing the child's whereabouts were disclosed.) To date the husband's contact has either been a morning in his shop or pub of an afternoon/evening
It is important to read the above question in full to appreciate that the father unfortunately is not a fit person to have custody and is using the child to attempt to get a two bed Property outright ( he has a bedsit rented at present) by claiming a very low salary of only £12000 (profit in his retail business) .(on an internet dating agency he advertised his salary as £25K-£35K .......(he has a substantial bank balance !!!! and the revenue may need to investigate this situation !!!.
Our divorce solicitor has pointed out significant discrepancies in his accounts and his bank statements
.Despite claiming he had Scott's interest at heart he has reduced Scott's maintenance to absolute minimum to £27.00 from £55.00 based on a false income statement in his Financial Form for the Court.
He is claiming almost half the value of the home, and as can be seen all sorts of protection was put in place to protect the children's interest .
However what is of greater concern is that he has engaged on another relationship with DEBBIE a divorcee with 4 children, who may not be aware of his sexual preferences, (which are now legal), he had suicidal tendency, extreme and constant swearing in front of children , cross dressing , drunkenness frequently(now stopped on medical grounds) etc.. hardly a suitable person to have any custody of a child . Scott needs special teaching assistance even though he is very intelligent and his Mother is able to provide that as she is a special needs teaching assistant part time.
Kindly refer to the above two questions and answers by Claire.
Thank you for your question. I am a family solicitor and able to help.
Unfortunately I cannot access you previous questions. Perhaps you could could copy and paste the questions and answers so that I can consider the previous questions and answers that this current question relates too.
Kind Regards
Customer: replied 2 years ago.

My daughter is going through a divorce, and financial forms have been completed. Our solicitor is stating that the Husband who has admitted adultery ( and is also allegedly guilty of far more serious improper actions(no longer illegal, but not considered acceptable in a traditional heterosexual marriage etc.) is still entitled to his own accommodation.

However this very experienced Solicitor also is aware that the information on his financial form is manipulated so that he is only showing a notional salary(his own business at £12000p/a ( on a dating website he was stating some £25K-£35K p/annum!!!!) and it is obvious to her and me that much of his cash sales have NOT been declared whereby he is attempting to gain advantage on any settlement.(I do have proof that he provided expensive domestic machines demanding cash ONLY.!! also despite an active social life he has bank statements showing some £20,000 , and which simply do not match his declared income.

My daughter has one son by him(aged 9) and a 17 year old son living in the house which is valued at some £450,000.

(there are two adult girls 21 and 23 who have the right to live there unless they choose to move out in the above under the agreement taken out with her former Husband.

since Philip was asked to leave one year ago Tracy's meagre savings have now been used up as her housing and other costs far exceed her limited income. ( she is a special needs teaching school assistant, whilst at hoen Scott is an asthmatic and Carl unfortunately has recently had operations for a severe chrohn's disease.

Her husband is currently living in a bed sit. When they married 6 years ago my daughter provided the property but it had an obligation by way of Deed of separation/divorce from her former husband that she would take all reasonable steps to protect his children's interest and right to live in the household. (she took out a Pre Nup agreement duly witnessed and subsequently a deed of trust whereby with a new property Philip owned 10% and she retained 90% . (He contributed £19000 cash!!! and I as Tracy's father loaned each of them £30,000 to be repaid by him @£250p/m for 10 years and Tracy if and when house was sold.(NO interest was charged.)

and to date he has paid back £10,000 of this loan.

His total imput has been £29000.

All these documents were freely entered into but on his form he has blatantly lied saying he was forced to sign the Deed of trust by ME!! This is not so as I did not even know that they had one.

He had been offered£32250( to represent his imput) he has NOT paid any household bills,(except for a weekly food bill ).. and I have advised that it could be increased to £44000 ( and I would be prepared to forgo the balance of the loan)(making £64000.( Tracy's former husband has NOT remarried and I believe he has some reservation on her estate which he holds on behalf of the children(I don't fully understand this)

However her present husband is claiming £200,000 based on false info. and this would impoverish Tracy .

I cannot see how one could negotiate fairly as he has given a mass of false information. Accordingly it may seem that he needs to be exposed for what he is , and his alternative lifestyle , crossdressing etc, bisexual, drunkedness(now reduced on medical grounds), gambling, extreme swearing in front of his child and others constantly , and his inability to accept that his lifestyle is unacceptable to his wife, including an alleged desire for male intimacy.

He targets vulnerable divorcees and is currently in accord with his long standing Mistress Tina , and a new

acquisition is a divorcee with 4 children.Emma.

Unless the true facts are shown he may be awarded a far greater sum than that to which he is entitled and my solicitor is playing it softly softly.

However I have advised her that we are NOT prepared to accept an improper solution for the sake of easiness , and if necessary will go to trial with full disclosures , whereby he will be shown to be at risk of committing Contempt of Court.. I am NOT being vindictive but I am not prepared to see my daughter impoverished by his avarice and falsehoods. It may well be that at some stage the Customs and Excise may wish to have an interest in his financial affairs, as our solicitor has stated that they would NOT stand up to inspection.

Do you have any comments. Whilst our Solicitor advised that a pre- nup may not stand up in court it clearly states on the pre- nup that both parties had the opportunity to seek legal advice. Also the deed of Trust fullly agreed to and set up by a property lawyer (local).

I would appreciate your views as to how we could possibly get justice.and as to how the respective Courts would assess the case.

Regards J


Thank you for providing me with a copy of your previous post.

I understand that your current post relates to how much time your 9 year old grandson; Scott, should spend with his father. I note that there are various concerns in relation to the father - you have stated; constant swearing, cross dressing and alcohol abuse although you consider that the father is not currently drinking. You are also concerned about Scotts special needs.

Please can you tell me:-

1) how often the father is currently seeing Scott (and how long this agreement has been in place)?

2) If ***** *****kes spending time with his father

3) The details of the special needs of Scott and whether the father is able to manage the needs?

Kind Regards


Customer: replied 2 years ago.

His father usually sees Scott once or twice a fortnight, and has done so since the divorce proceedings started. Scott is fairly happy to go with his father as he mainly a.m works in the shop and gets a promise of £30. In the late afternoon they regularly go to the pub, and Scott has won several large amounts (£150,£50, £500. which he was allowed to keep(scratch cards etc)

3 His father is totally unable to manage Scotts special academic needs.Scott is intelligent but academically needs support which his mother as a special needs School teaching assistant provides.

I have tried to Copy and paste hope it is OK



Thank you for your response.
I note that Scott appears to be regularly seeing his father - although you do consider that there is an element of his father seeking to buy his attention.
From a legal prospective - it is a child's right to have a relationship with both of their parents, unless there are child protection concerns.
It is not ideal that Scott is being taken to a public house and also undertaking in gambling. This should be discussed with the father - although it is unlikely to prevent Scott being able to spend time with his father.
In relation to academic needs - whilst it is not ideal that Scott's father is not able to support him - if he is able to meet his basic needs - then again the presumption prevails that Scott should have the right to spend time with his father.
I note from your first post that you had concerns in relation to the fathers mental health, aggressiveness and previous alcohol issues. It is important that Scott is protected from harm and therefore if the fathers mental health was to deteriorate, his father was aggressive towards him or he was abusing alcohol then steps would need to be taken to ensure Scott's safety. If the time that Scott spends with his father could not be managed safely (ie by third party supervision) then contact should be withheld until matters are resolved.
If Scott's father was unhappy with the position then the onus would be upon him to refer the matter to mediation and make an application to the court.
Kind Regards
Customer: replied 2 years ago.

Dear *****

if you would kindly address the financial on the copy and paste which I have finally managed to send.

Briefly on Tracy's Ist marriage settlement a Separation agreement was arranged whereby she received sufficient to buy a property to house Tracy and the three children of the first marriage on the condition that she provided accommodation for as long as they wished to remain.

Tracy would not receive maintenance but the children would.

In order to protect this condition Tracy took out a PRE-NUP prior to her marriage whereby this showed her as sole owner. This was done on line and although he fully agreed to this he claims that it is not valid as it was not done in front of a Solicitor , however it clearly states that both parties had opportunity to seek Legal advice.

Subsequently when she and her husband decided to move to facilitate parking for his car and van they agreed that he would contribute 10% and her investment would be 90%. To help them I arranged a personal loan of £30,000 each interest free . whereby he repays at £250p/m and Tracy repays when she downsizes ,( she cannot afford a mortgage) as this was her intention when the older children moved out.This was NOT a so called soft loan as it formed part of my pension strategy and eventually needs to be replaced.

They took out a Deed of Trust again for the protection of the children and this was done by a local Property lawyer in a meeting with Tracy and her Husband and I was unaware of this Trust. However on his Finanacial form he is claiming that I pressurised him to sign

... As outright lie , where he is seeking to gain monetry advantage.

His statement says that he earns as partner in an electrical appliance retail business only £12000 p/a which is ludicrous, and our Solicitor advises that from the bank statements he is obviously defrauding the revenue re Vat and income tax. He in fact supplied several large appliances to me and members of the family at full price but insisted on cash..he did not offer receipts. ( this may need referral sometime for further investigation !!) (on a dating website he has stated income of £25K -£35K)!!!! which more nearly reflects his lifestyle.

The property is valued at £450000 by three local estate agents although he claimed a figure just in excess of £500,000 through a ZOOPLA website which does not take into account the fact that the property needs updating and fronts a very busy main road(noise). In fact when on the market it took several months to find a buyer and was reducedin price on account of condition and position.


He is claiming that he needs £200K to purchase a flat/apartment so that he could have Scott overnight although his intertest in the boy only became active when the divorce was proposed.

Obviously as Tracy has been running at a very considerable financial debt situation all her meagre savings are now used up and she will have to sell anyway. , but the minimum need would be a three bed property which needs to be in the area re school and hospital visits for Carl who is now 17 and has Chronic crohn's disease . scott and Gemma are asthmatic and on the form he has stated one child (Scott as good health. he is not and has daily to use inhalers.

I have advised Tracy's solicitor that a settlement figure would be offered of up to £44000 and if necessary I would forgo the balance of my loan to him of £20,000 making £64,000.

However if he persists in demanding a totally unfair amount then we will have no recourse but to refer the decision to the Court wit full facts of his @lifestyle and financial irregularities . His financial form unfortunately is a mass of lies unfortunately designed to mislead an adjudicator.

The property is value £450K sellig costs at 3% would bring this to £436500. , repaying both property loans would further reduce this to the nett equity of £386500. and for Tracy with paramount needs to provide accommodation for her children(2 under age) and herself a three bed is an absolute minimum and they are around this level .in this area. (mostly more!!!)

As there was no residual equity I have offered to cash in my one remaining retirement investment to solve a difficult situation. this is valued at £44000.

The husband has in his bank account some £20K ( and states cash at home and owed to him total of £3000, He states that he could obtain a mortgage of only £39000 based on his declared salary of £12000. obviously he will not divulge to a mortgage company his true income. He does NOT need to buy as he can easily afford to continue renting .( he currently rents in a bedsit, but local rentals are available at £750p/m ( he is trying to reduce his payments to 391.00p/m by his devious declarations.!1)

I would be grateful of your comments as to what you feel the outcome would be as Tracy's Solicitor is preparing a proposal but I have told her that over and above the £44000(+£20000loan cancel) we will have to go to trial , whereby any offer is withdrwan and there will be full exposure of all facts. There is plenty of evidence. Ironically , part of his outside interest are as a part time special policeman , where one would have hoped for some honesty, but whtever undertaking he may have had to give he has not lived up to it.



Thank you for this. I am just nipping out - but will be back later on. I will consider and respond then for you. I hope this is ok.
Kind Regards
Thank you for your patience.
You are certainly preparing a very through case for your daughter and I am sure that she really appreciates your support.
As you are probably aware the normal rule for division is 50/50 - however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of them for the future, health needs etc. Length of marriage and future care of the children are also considered. As the marriage was over 5 years it wont be considered as a short marriage.
Pre nups aren't legally binding but can be followed by the court if there was full disclosure, independent legal advice and if the agreement is unfair.
I'm unsure when the Deed of Trust was created. If this was prior to their marriage, then the marriage would have likely superseded this. If it was after the marriage then it could be argued that that was the parties intention. I suspect that this was after the marriage as you have stated that the husband is alleging that you forced him to sign it.
If you work of the property value of £450k.
Less sellers fees - $436,500
less money still owed to you £386,500
add his £23k
= £409,500
/ 2 = £204,750
if he keeps his £23k - then on a 50/50 division - he would get £181,750.
Your offer is effectively £44k plus £20k not to be repaid, and he keeps his £23k = £87k
so around a £94,750 difference in positions.
You need the Judge to depart from 50/50 substantially.
Your negatives:- pre nup likely be considered unfair as no full disclosure at the time and no independent legal advice, marriage not short and a child.
He could argue your loan to Tracey was a gift.
Your positives:- Solicitor already found discrepancies in his disclosure, he might not want to give evidence. Judge might consider that his earning capacity for the future is higher than what he is currently stating. There is another child of the family that needs to be provided for. Pre nup when considered in conjunction with the later Deed of Trust could possibly be considered as ongoing intentions.
Litigation is always a risk and its hard to say which way a Judge would go. I realise that I have probably just reiterating a lot of factors that you are already well versed in but I hope this helps.
Kind Regards
I would be grateful if you could kindly rate my answer.
Customer: replied 2 years ago.

Hi Caroline, if you would kindly indulge.

If he is NOT prepared to accept a reasonable offer based on the following , do you think it would be considered ....

Ist marriage has Deed of Sepn. agreed and upheld by both parties.There was no Consent order as it was not known that one would be required, and in any case both the persons concerned were honorable and trustworthy.

Subsequent pre nup fully agreed by both states assetts in house, whereby wife was endevouring to protect her childrens interest as well as her own. Again fully agreed without coercion , by Husband. He fully accepted this.

On moving (to facilitate parking for his vehicles(2) the couple went to a Local property lawyer( after marriage) where it was agreed by both that he purchase a 10% and the wife retained 90%. This again was in respect of the original undertaking with first husband . A Contract was drawn up and witnessed as a legal document. He in fact said that the Father pressurised him, whereas he had NO knowledge of said agreement. ( another attempt. to mislead.

He is further attempting to mislead the adjudicator by querying health issues with Wife and Children despite overwhelming proof on all counts, he is attempting to discredit the information provided. He apparently has NOT disclosed the income derived from a secondary business that he runs apart from retail, whereby he maintains and installs various domestic machines. He does seem to have muddled his personal bank statements with his business accounts. His questionaire is designed to mislead and can easily be shown to be incorrect assertions, designed to favour his outcome which our Solicitor is dealing with.

Would it assist our case to ask the Revenue for an opinion (inspection )1 prior to settlement?.

His financial imput was only £19000 + £10,000 repaid on loan.

He claims he needs £200K for a house but shows £12000 as his income despite a great deal of social spending!!.(mainly pubs) . he is also in two relationships at the moment !!!...

Our solicitor is going to refer to his income ability as she states that he could easily earn more than he declares , in a number of jobs(he is a qualified electrician, also he is a part time special police officer, and could easily transfer to a paid job25-30K as a full time P.C.

Or eeven as a security officer at around £25Kor Community Officer at 28-30K... He has only recently renewed his shop lease which in itself is strange as there is not a great deal of profit showing.!!!


Housing in the areas where Scott attends is for a three bed from around £360K(semi) to £420K Det.). and the Wifes needs are paramount in this case , but does not leave much after deducting sale costs, and repaying outstanding loan.

At a considerable difficulty I have stated to our Solicitor that to facilitate his fair share I would cash in part of my pension plan to provide max of £44000 and forgo the balance of loan(£20,000) meaning his value is £64000), ( withdrawn if it goes to court.) More than double his agreed share.

Three local est agents have vaued at £450K (subject to some improvements ,,,min£5000))

whereas he claims ZOOPLA at £515K , but this is a website without local knowledge giving guide prices and not basing on local factors. the house is adjacent to a busy road(v Noisy and may be difficult to sell)..

Surely any reasonable judgement would take into account all the factors as given together with his financial misdeeds, and not only the adultery but the extensive sickening matters.(not fit for a lady to read.)

As you say he may opt out of a court appearance as he may well not wish to have these matters disclosed, but he only has his mind set on grabbing as much as he can.

You have indicated the sums , that in a normal divorce would occur but I wonder whether you feel that a full disclosure if necessary would reflect the true state of affairs and adjudicate in a fair manner. He may of course have to suffer the consequences of a full Revenue inspection .

Your further kind opinion would be appreciated, I shall be happy to rate your answers whatever you suggest.

Thank you again



Thank you for your response.
I take your points - especially about the rehousing needs of your daughter and the children. Also that he is likely underestimating his earning capacity for the future and your daughters given that she is caring for children requiring specialist support is likley to be genuinely less. I am however, of course, not the one that needs to be convinced it is the Judge.
You are departing from 50/50. As previously mentioned - litigation is a risk and there is no guarantee that a Judge will accept all of your arguments.
Behaviour has to be very substantial to affect a financial settlement. There are cases where one spouse has 'trashed' the house and fixtures and fittings - but this still hasn't affected their share. Your daughter would also have to give evidence and be cross examined for behaviour to be considered.
You have to be mindful that it really isn't about who contributed what when parties are legally married. I would hope that a Judge would read the pre-nup (although likely not legally binding) in conjunction with the DoT as an on-going intention between the parties but once again this just cant be guaranteed.
If you have reached your limit with your offer and he wont accept then it will have to be decided by the courts.
Kind Regards
ukfamilysolicitor and other Family Law Specialists are ready to help you
Thank you for your feedback and bonus. I wish you all the best. Kind Regards Caroline