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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27848
Experience:  25 years experience of all aspects of family law
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My sons wife decided 2 years ago that she wanted a divorce

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My son's wife decided 2 years ago that she wanted a divorce as she had met someone else. My son moved out of the family home to make things easier, and because he has a daughter who will only complete her tertiary education (A Level) in 2014. The divorce was finalised and the financial side was settled on 20th October 2011 on the basis that my son's wife had no intention of taking a partner or remarrying before the daughter finished education. (Agreed in the court paperwork) On that basis my son agreed a 30/70 split of the property in favour of his wife, the property to be sold in 2014. My son left the home with nothing and has since had to rent because he can't get another mortgage to run with the existing mortgage on the property. His wife has now approached him to sell his portion to her because she is getting married in July and her man friend (who was the cause of the split) already spends most of his time at the house, and overnights 2 nights. Can my son renegotiate his settlement in view of his wife telling lies, and his agreement based on his wife having no other financial support. My son also pays hefty maintenance for his daughter. His wife has never worked full time but has a secure part time job working at the local hospital, and full time work is available to her but she declines it.
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Clare replied 2 years ago.

Hi

Was a formal financial order sealed by the court?

Claire

Customer: replied 2 years ago.

Hello Claire, here is a continuation of my reply of last night.
----- Forwarded Message -----From: MARION xxxxxTo: XXXXX XXXXX JustAnswer Sent: Wednesday, 21 March 2012, 18:20Subject: Re: I need more information on your UK Family Law questionYes a formal order was signed on the understanding that Michelle would remain in the house and had no intention of marrying or cohabiting. That is actually written in the agreement. It seems that she was intending to let a small amount of time pass before she married her, by now, 2 year partner. The partner eats at my son's family home every night and stays 2 nights a week. My son seems to think that there is a precedent set of an exact same case I think he said 2005. Here is what he said in an email to me "On the Consent Form she signed up to having no plans to get married, enter into a new civil partnership or co-habit...not a good idea to lie on a legal document and sign against it!!" That was the only reason he agreed to the 30/70 property split. If the partner moves in with the ex wife without buying, I believe my son should be able to charge him rent. My son is going to let me have some more information today (Thursday) -The precedent he mentioned and copies of the court documents. The Court agreement was based on my son's ex wife and daughter being allowed to remain in the house until my granddaughter finished her tertiary education, at which time the ex wife and granddaughter would move out and the house would be sold. My granddaughter will be going to university then. The ex wife pays interest only on the mortgage. She is in no position to purchase my son's interest in the property. Her new partner has the means. One of my sons concerns is that if he sells his interest and anything happens to his ex wife, his daughter could be in a precarious position as he currently has no home to offer her. His ex wife has a history of mental illness and has been counselled many times for this. All the furnishings in the house were bought by my son, and he has paid for the maintenance of the property. As I mentioned previously, my son left the home with just a few personal belongings so that life would be comfortable for his now 16 year old daughter. I am retired and disabled and live in Merseyside, 300 miles from where my son's home and work is in West Sussex. I had to use my savings to give him a deposit and bond to rent an unfurnished flat. Between me, my family in the north west and neighbours we had to get together furniture and household goods for the flat. There were no beds, bedding, crockery, cutlery, cooking utensils, towels, there was nothing. It has cost my son and me a lot of money just so he could have a roof over his head. Everything for basic living had to be provided, much of it out of my savings. My son would like and has offered to buy his ex wife's share of the property. She could move into a new home with her partner/husband and my son would once again have some security in owning his own home rather than renting. The partner/husband is joint owner of a property with his brother, with whom he has lived. The brother is blind but is getting married also in summer and the 2 brothers will undoubtedly want to have their own homes. My son knows for a fact that the new partner/husband, as long ago as last summer, went and obtained a copy of his Decree Absolute as he was previously divorced and my son said at that time that he thought he ex wife was planning to marry this man. When I get further information/documents from my son later this morning I will email them to you. Marion xxxxxHello Claire, here is a continuation of my reply of last night.
----- Forwarded Message -----From: MARION xxxxxTo: XXXXX XXXXX JustAnswer Sent: Wednesday, 21 March 2012, 18:20Subject: Re: I need more information on your UK Family Law questionYes a formal order was signed on the understanding that Michelle would remain in the house and had no intention of marrying or cohabiting. That is actually written in the agreement. It seems that she was intending to let a small amount of time pass before she married her, by now, 2 year partner. The partner eats at my son's family home every night and stays 2 nights a week. My son seems to think that there is a precedent set of an exact same case I think he said 2005. Here is what he said in an email to me "On the Consent Form she signed up to having no plans to get married, enter into a new civil partnership or co-habit...not a good idea to lie on a legal document and sign against it!!" That was the only reason he agreed to the 30/70 property split. If the partner moves in with the ex wife without buying, I believe my son should be able to charge him rent. My son is going to let me have some more information today (Thursday) -The precedent he mentioned and copies of the court documents. The Court agreement was based on my son's ex wife and daughter being allowed to remain in the house until my granddaughter finished her tertiary education, at which time the ex wife and granddaughter would move out and the house would be sold. My granddaughter will be going to university then. The ex wife pays interest only on the mortgage. She is in no position to purchase my son's interest in the property. Her new partner has the means. One of my sons concerns is that if he sells his interest and anything happens to his ex wife, his daughter could be in a precarious position as he currently has no home to offer her. His ex wife has a history of mental illness and has been counselled many times for this. All the furnishings in the house were bought by my son, and he has paid for the maintenance of the property. As I mentioned previously, my son left the home with just a few personal belongings so that life would be comfortable for his now 16 year old daughter. I am retired and disabled and live in Merseyside, 300 miles from where my son's home and work is in West Sussex. I had to use my savings to give him a deposit and bond to rent an unfurnished flat. Between me, my family in the north west and neighbours we had to get together furniture and household goods for the flat. There were no beds, bedding, crockery, cutlery, cooking utensils, towels, there was nothing. It has cost my son and me a lot of money just so he could have a roof over his head. Everything for basic living had to be provided, much of it out of my savings. My son would like and has offered to buy his ex wife's share of the property. She could move into a new home with her partner/husband and my son would once again have some security in owning his own home rather than renting. The partner/husband is joint owner of a property with his brother, with whom he has lived. The brother is blind but is getting married also in summer and the 2 brothers will undoubtedly want to have their own homes. My son knows for a fact that the new partner/husband, as long ago as last summer, went and obtained a copy of his Decree Absolute as he was previously divorced and my son said at that time that he thought he ex wife was planning to marry this man. When I get further information/documents from my son later this morning I will email them to you. Marion xxxxx
Williams v xxxx (formerly xxx [2005] xxxxAppeal to overturn a consent order in the light of a supervening event
I have copies of my son's final agreement and statement of intent, but I don't know how to attach them to this message. I have sent them to you via email at the two email addresses that appeared on your message to me.Where the parties and the children will live10. Please give details of where the named parties will live and the basis on which you will occupy the propertye.g. owner, tenant etc.Address Basis of occupation in propertyPetitioner/ApplicantRespondentChild(ren) (if applicable)New relationships11. Please tick the appropriate box belowPetitioner/ApplicantI have no intention at present to remarry/enter into a new civil partnership or cohabit.I have remarried/formed a civil partnership.The date of the marriage/civil partnership wasI intend to remarry/form a civil partnership.The date of the intended marriage/civil partnership isI am in a cohabiting relationship with another person.I intend to cohabit.RespondentI have no intention at present to remarry/enter into a new civil partnership or cohabit.I have remarried/formed a civil partnership.The date of the marriage/civil partnership wasI intend to remarry/form a civil partnership.The date of the intended marriage/civil partnership isI am in a cohabiting relationship with another person.I intend to cohabit.9. Are there any other matters relating to the proposed consent order that the court should considere.g. medical conditions, change of employment, any significant change in circumstances, any prioragreement reached between the parties etc?D D / M M / Y Y Y YD D / M M / Y Y Y YD D / M M / Y Y Y YD D / M M / Y Y Y YMYSELF AND MY EX-WIFE (MICHELLE xxxxx HAVE AN AGREEMENT WHICH WE BOTH SIGNED ON 8THAUGUST 2010. THE AGREEMENT FOR THE HOUSE AND FINANCES IS AS FOLLOWS: MICHELLE xxxxx(THE RESPONDENT) WILL CONTINUE TO RESIDE IN THE FAMILY HOME, ALONG WITH ANNA. xxxxx(DAUGHTER). SHE WILL RESIDE THERE UNTIL SUCH TIME AS ANNA FINISHES 6TH FORM EDUCATION, ATWHICH TIME ANNA WILL BE 18 YEARS OLD. THIS WILL BE IN APPROXIMATELY JUNE ...[see attached]xxx WEST SUSSEXxxxxxxxx xxxxx[ANNA xxxxxxxxxxxxxxxxxxxxxxxxxx BUT DO NOTOWN THE PROPERTY.OWNED JOINTLYRESIDES THERE WITH HERMOTHER AS HER HOME.My son's ex wife (Respondent) ticked the box that she had no intention at present to cohabit or remarry. This was clearly untrue as she became engaged very shortly after this document was signed.

Expert:  Clare replied 2 years ago.
Hi
Unless your son can prove that in October last year his ex had a specific plan to get married then I am afraid that his chances of having the agreement set aside are slim to nil - especially as he was aware of the relationship at the time of the separation
It is generally held that provided it does not happen within six months then it is not what is called a "Barder" event
So whilst your son can make the application without evidence it is unlikely to be - and indeed the best case scenario all it will do is increase the amount that his ex has to pay your son a little extra (maybe 5 or 10%)
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27848
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you

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