My husband and I are joint signatories on a Trust Fund that has recently been set up for our Son's care following a catastrophic road traffic accident three years ago. He is an adult and currently going through a divorce. His wife left him shortly after the accident at a time when he was going through one operation after another (14 in total over the course of the year). She has found out what has been paid into the trust account (she opened mail addressed to our son that sadly was sent out to his former address). She wants her settlement to include the majority of his accident money. Can she get the courts to freeze the money in the Trust Fund?
Province/Country relating to question : England
Nothing and no-one. Our son's divorce solicitor is appalling and seems to have been working for our son's estranged wife rather than for our son! He is so disallusioned that he has sacked his solicitor today.
Is he likely to recover?
The accident mainly affected our son's right leg along its length - including every bone in his foot and a crushed ankle (though his shoulder was also affected. They were originally going to amputate below the knee as it was so badly damaged but decided to try a taylor frame and reconstruction over time. After his numerous operations, skin grafts, bone grafts etcetera over the first year and intensive physio over the second year he is now considered as good as he will ever get. He will always have some level of pain, which will get worse as arthritis sets in, will never be able to run or play sports and whatever job he undertakes will need to be flexible as he can not sit for long periods or stand for long periods so will always have to have something that allows him to move as and when he needs to.
In anticipation of your next question (maybe) - unfortunately, as is often the case in this country, the component of his claim relating to his actually injury is much less than the component paid for loss of earnings, which I understand, is what she will claim. We were hoping to use much of the trust fund to ensure he has the best chance possible to secure future employment that will be suitable given his circumstances.
HiHow long were they living together and are there any children involved.What other assets are there?Claire
They were married for around 10 years. There are two children now aged 10 and 8 and they used to share responsibility for them 50/50. Then, after two years, when his wife went to see a solicitor to find out what they needed to do to make their separation into a divorce everything seemed to change. Before long she started to erode his access to the children and accuse him of being aggresive towards her so she made the excuse that she was concerned for her safety and that of her children (though there was absolutely no fact to this and no previous probelms). My son was not aware that at this stage that no parent has automatic access rights until the courts decide who should have what responsibility and our was told by his own solicitor that because his wife received all the child support, she was the main carer and could deny him access. He also told him not to rock the boat but just take what access he could get until it was decided in court. Our son is devastated by the loss of access but has been told that mostly the woman is favoured and he could have years of legal battles infront of him if he wishes to ensure 50/50 or even enforce any access he is granted. She left the family home once before for another man, leaving our sone entirely with the children saying they would have a more stable upbringing with him (she has anorexia and bulimia) then when the other man left her she returned to the family home. When she left the second time, she had no choice but to look after them 50/50 as by then our son had his accident and was in and out of hospital every couple of weeks so she had to take some responsibility. She was happy to leave them with our son even though he may have just gotten out of hospital and was on crutches and his frame and never made any accusations then. We firmly believe she only took on the children 50% of the time becasue she had to and has only started to deny access because it hurts him and allows her to claim more. She dumps the children off with her sister or her boyfriend most of the time while she goes out to work, even though her sister's children are on the at risk register. Our son has grave concerns about the overall care of the children but again his solicitor only seems to say that nothing can be done and even when we mentioned social services involvement his advice was that they would not get involved. By the way, I am going into a great deal of detail and my main question was to ask if his wife could get the courts to freeze the trust fund. Is this all necessary information?
Sorry, the other asset is a house but it is in negative equity. Our son lived in it for the first couple of years after she left him, looking after the children as I've said. He kept getting letters about selling the house but eventually he had to move out anyway as he had no money left to pay the mortgage. She would not allow him to live there and pay interest only so he had to pay the full mortgate payment each month. Nor would she negotiate with the Building Society to allow him to apply for the mortgage in his name only. However, while he was moving out (hadmost of his stuff in his new rented accommodation and some left in the house) she took a key she had and went in and changed all the locks, effectively not allowing him to pick up the remainer of his stuff. She then took all she could sell and sold it (including a motorbike that he had been building and so was in pieces). She then took out an injunction banning him from coming anywhere near the house (which amazed me as it was passed by the courts without the need for any proof of her allegations against him). She has now moved into the property and applied to live there interest only. My son was advised by his solictiors to agree to this as it would otherwise 'look bad for him' when they went to court. So now she has the family home she moved out of, 100% control over access to the children, and now wants all his money too. All without anything having yet been decided by the courts (oh, she would also not agree to further mediation either after the first session, though our son attended when required to do so and would have been happy enought to continue rather than go through the legal system which seems to me heavily weighted in favour of the woman)
Sorry again, we are wanting to know about freezing of the Trust fund because we are wanting to pay for a course for our son but can not do so until a cheque clears (the account has only been set up recently following his injury claim award). I am concerned that while we wait for the cheque to clear, the account may be frozen as our son's wife seems to be one step ahead of the game every time, and now that she knows the award has been paid out she may seek to freeze his assets.
HiIn order to assess how realistic a freezing application is could you give me some idea of how much is involved?Claire
I would rather phone you - any chance?
Sorry Claire, but I thought I had asked a simple enough question "can the assets in the Trust Fund be frozen?" and having had to provide more and more personal information I have still not got the answer. I have now gone onto another website and got the answer that I required. I don't need any more help thank you.
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