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Ex lied on Clean Break Form

  • ms2608
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18 Sep 20 #514141 by ms2608
Topic started by ms2608
My husband initiated divorce 5 years after he left me and our son, we had been married for 15 years. While we were married, he had run his own business, and I had reluctantly agreed to sign over the house to guarantee a business loan. At that time, he promised me that, should the value of his stock begin to fall towards the amount of the bank loan, he would sell up to repay the loan, and the house would not actually come into the equation. He also said, that he would eventually inherit a reasonable sum from his father, which could also ensure our financial position remained stable.

Three years down the line, a recession hit, and there was very little trade to be had. I reminded him of his promise re. selling up, but he would not admit defeat. It ended with us closing the business, and giving all the equity to the Bank. He obtained employment, and we moved into privately rented accommodation - I worked part-time. After 2 years he left to live with female work colleague.

Shortly afterwards I moved my son and myself to live with my parents, so that I could save a deposit to get back on the property ladder, and provide a stable home for my son. My husband paid the child maintenance, as calculated by the Child Support office, and not a penny more - he would not even give our son (13) £1 pocket money a week! I got a full-time job, but saving was a slow process (secretarial wage).

After 5 years apart, my husband filed for divorce, and asked me to complete a Clean Break form, as neither of us had any assets, apart we each owned a car, and I had minimal savings. He said this would mean I could not make any claim against him in the future - which I presumed was referring to his future inheritance. I was stupid in not getting legal advice, but I just wanted it all to be over, so completed the form.

5 months after the divorce + Clean Break were finalised, I was able to begin purchasing a property with a housing association having a 25% ownership, so achieved my aim.

I recently found out that at the time of the "Clean Break" he was not living in rented accommodation, but had in fact purchased the flat three and half years before our divorce went through. He sold the flat one year after our divorce, with a profit of £117,500, so there would have been considerable equity when we divorced 12 months previously. Obviously, had I known this, I would not have agreed to a clean break, as he had considerable assets, and I could have been assisted in providing a home for my son.

I have contacted the Court to ask for a copy of the financial paperwork, and have been informed that, apart from the Decree Absolute, it has been destroyed as the time lapse is more than 18 years. I don't think that I kept a copy of the financial form which I signed, and have not been able to find out if the Court would have sent me a copy when it was finalised.

I know people will think that I should just let it pass, as it is all water under the bridge. However, he now lives, mortgage free, in a house worth more than half a million, whilst I am still struggling along to pay my mortgage for a few more years. I think it is despicable that he lied, and cheated his son out of having a decent home much earlier than I was able to do alone, and the principal of letting me leave the marriage with nothing, when he had assets.

He received his inheritance a while ago, but I have no interest in that, and knew that I was signing away any rights I may have had when I agreed to a Clean Break.

If anybody can clarify what paperwork I would have received from the Court regarding finances, I would be most grateful, and will turn the house upside down, and inside out to find it! Otherwise, I have no idea how I could prove that he lied to the Court.

Thank you.

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