A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Advice RE Critical Illness payout

  • seren70041
  • seren70041's Avatar Posted by
  • New Member
  • New Member
More
17 Aug 12 #350141 by seren70041
Topic started by seren70041
Hi All,
After some advice, had long marriage 22 years and 4 children. Found out my ex to be was having an affair.I was devastated had no idea it had been going on.My ex said he would stop paying the mortgage unless i moved out of the family home.So i and children moved in with my parents. I now know this was the wrong thing to do , but at the time my head was not in a good place and i wanted my family around me.
We split up in September last year, he has only just started having contact with our younger children.My eldest children 18 and 20 refuse to have contact with him.
Three month after we split my ex had a heart attack and is telling me with great delight that he got a payment of £150k.He says this money is for him to spend on his new girlfriend and her children, hes bought her a car(she doesnt drive!!) and horses ! I am struggling financially to get my eldest 2 ready for University , he refuses to help them.When we applied for our mortgage we were advised to get critical illness cover for my ex as he was the higher earner.So he had the policy in his name.We did this so if anything happened to him we could pay the mortgage off.He now says he wont pay a penny off the mortgage, he says he will use it to buy himself and his girlfriend a house, then move out of the family home which hes been living in, stop paying the mortgage and let the house get repossessed .He says he wants to leave me and my kids with nothing!! He got this money through before our Nisi was granted. My question is would i be entilted to make a claim to part of it?
He has now gone back to work full time, .


Hope this makes sense to someone!!
Rachel
x

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
17 Aug 12 #350144 by cookie2
Reply from cookie2
You should see a solicitor immediately and get an injunction put against this lump sum, to prevent dissipation of marital assets.

You may not be able to "get" any of this lump sum but its presence will almost certainly assure you a larger share of the other marital assets. His needs are met, after all, so yours can be met from the marital assets.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
17 Aug 12 #350151 by Fiona
Reply from Fiona
A lawyer in possession of all the particular facts is in the best position to advise where you stand and what options there are. Freezing assets is considered draconian and unless there is evidence that assets are being disposed off to prevent/reduce a spouse''s claims to financial relief it''s unlikely the courts will make an order to freeze assets.

Using the money to buy property, cars and horses isn''t disposing of assets because the money has just been reinvested and still has a value unless they are bought in someone else''s name. As long as an asset is in his name it needs to be disclosed and considered as part of the overall settlement.

When newly acquired assets are put into the name of a co-habitant the court can order the new partner to produce documents on the basis that the assets have been diverted to someone else, the disposal of assets may be set aside or the value "added back" to the matrimonial pot before it''s shared.

If assets are being syphoned off elsewhere into unknown accounts or offshore it would be a different ball game altogether.

  • Maverick73
  • Maverick73's Avatar
  • Junior Member
  • Junior Member
More
17 Mar 14 #426350 by Maverick73
Reply from Maverick73
To be honest, I suffered a stroke two years ago due to a child birth defect. I am currently divorcing my wife on the grounds of her abusive behaviour towards me and the children (She was arrested two
weeks ago for physical abuse).

Unfortunately, critical illness payouts are usually supposed to be used for that particulars person''s long term (Future) care needs. A judge will usually award only 10% of that payout. I will update you more once my divorce / finances plus more importantly my access to my children, even though my wife has clear issues, social services are going to
get her help.. Sadly I have to go to court to get regular contact for my children.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11