Hi Everyone! Said I would post the outcome as soon as I come back down to planet earth!
Well aren't we two happy bunnies!!!
OBE had a very successful day in court on Friday!!! I cannot believe the pain, stress and heartache we have been put through in the past 18 months. All the threats from his wife's solicitor about him having to sign over the FMH to her in total and dragging me into the situation wanting to know about my finances and that they may call me into court and ask to have all my finances included. It was all too terrifying to mention.
However, about two weeks before the hearing I sat down with OBE and put an offer together for his wife. It's a long story so won't bore you but was based on releasing equity from the home to enable OBE to get paid off and his wife to be able to stay in the home as she wanted. She put up a lot of very poor reasons why she didn't want to get involved with Equity Release but we went on to clarify every negative point she had made. She had no argument! The whole offer was very fair and very reasonable and no judge would have turned it down!!! She really thought she was in the winning seat! She must have been gutted when she received this offer! We have been led to believe on many ocassions that a court will not look at Equity Release but take note ~ they did with us! So don't overlook any possibilities!!!
The other way his ex shot herself in the foot was that she decided to go for the most expensive Barrister in our part of the world. He was three times the cost of ours!! However the beauty of it was that he was asked, as the only barrister available for that date, to drop his fees. Well!! He was not a happy chappy about that and I do believe he made this woman realise she was being ridiculous fighting over such a small amount because he wanted her out of the way so he could get back to earning real money!!
Soon after she'd had counsel with him she crumbled within days of the case and admitted she wanted to nip this in the bud and was adamant she did not want to go to court. Suddenly after 18 months of being made to feel he would lose everything, OBE was in the driving seat!
She had finally decided to go with Equity Release but was still trying to come in with very low offers less than what we knew she could raise. We think this was so she could pay her relative back! She'd allowed her legal fees to spiral upwards of 10k which she loaned from this relative, stupid, stupid woman!!!
In court on Friday before it went in front of the judge for a full hearing our Barrister stood his ground with hers and said it was either the full amount she could release or we go for a full hearing!! She was terrified of going into court (I wonder why? Did she have something to hide - me thinks??) She backed down again and agreed to the full amount and they are not going to touch OBEs pension. So it didn't get as far as the court room!
It cost him nearly 6k to get this result which is a bit of a blow! I feel she should pay that for him as it was her decision and stubborness not to negotiate that took him down this long drawn out legal route! BUT hey, what the heck, at the end of the day it was brilliant to have bought this woman back down to earth and make her realise nobody gets anything for nothing in this world!
Her relative left court in a foul mood and stomped out in front of her because he won't be getting his money back unless she sells the house. She can't sell the house because she would have to give OBE more. She can only raise the amount that has been agreed to pay OBE through equity release and for the rest of her life cannot release any further equity! We think she'd already planned to live off the house had she won it all...but that's not possible now! Still, SHE GOT TO KEEP it eh? After all that is all she wanted?
This woman has really learnt the hard way that being stubborn does not pay. There were no real winners on the day but I feel OBE won morally if not financially!!! If she had spoken to him 18 months ago when he initiated the divorce she could have ended up 10k better off and there would have been none of the stress and upset that going down the legal route causes.
My daughter laid on champagne and a beautiful lunch for us at her restaurant after we left court. Friends took us out that night so we were pissed from about 11 in the morning till midnight!! Had a fantastic day on Saturday waking up feeling rested and not worrying about any more legal rubbish dropping through the door. Went out with friends that evening who gave us tickets to go to Donnington the next day for British Superbikes championship in the Kawasaki hospitality suite so we got fed and watered all day too!! The same friends have bought a beautiful house in Canada about 4 hours outside of Vancouver near the ski resort of Whistler so we are going skiing with them in February!! I truly feel like my life with OBE has really begun all over again
Monday was our first night on our own since Friday so I dragged the garden table in (don't own a table!) and dressed it all up with gooey candles and roses and made a wonderful dinner........................................ooooooooh feel so smug and happppeeeeeee!!! Feel like a pair of young kids just starting out...........aaaaaw!
Thanks to all of you out there that helped us through this and for those of you that are just starting out on your Divorce journey my advice - keep the faith!! Don't let stubborness cloud reality - everyone wins in the end you just have to be positive along with being a little realistic!
Well done you two. I hope my bill is not 6K I know you have had a hard time. I have read the posts but I didnt comment much as I am at a different stage to you both so can add little. Being determined does make a difference and keeping the faith is important. It is a light for us all. Please stick around. Othere can benefit from your experiances. Chris.