The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

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.

 

Big parental gift - returned well prior to separation

  • bettydidabooboo
  • bettydidabooboo's Avatar Posted by
  • Senior Member
  • Senior Member
More
24 Jan 22 #518654 by bettydidabooboo
Topic started by bettydidabooboo
First time poster with a long post. Please can you help me understand how a judge is likely to treat the following significant parental gift received by me, but subsequently returned well prior to separation:

Long marriage, Separated Aug 2020, form E exchange Feb 2022. Marital assets £800,000. Roughly split 50/50 ownership already. I am unemployed with a medical condition. She is employed but with very modest income. No matrimonial home. One child, I am the primary carer. I am over 50, she over 40. No significant pensions.

One of my parents sent me significant gift via two wire transfers to my account just under three years ago. I returned the gifts in the middle of 2019 via a single transfer from the same account back to the same parent. The size of the gift (and amount returned by me to the same parent) was over £150k but under £200k. My bank statements would show all the transfers, in and out.

My parent sent me the funds as I was at risk and facing imminent redundancy at the time. I returned the funds as I have never accepted a penny from my parents and wanted to sort my financial issues independently. My parents (age 90 and 80 with dementia) will not get involved with our divorce proceedings and will ignore any requests for supporting statements or information.

I can make a convincing argument and show evidence that in the middle of 2019, we were still happily married (in my view at least!) and I had no motive to dissipate assets. I have in fact even sent her significant wire transfers to her account AFTER the separation, in an attempt to win her back.

How is a judge likely to rule in this situation? Would the returned funds be treated as dissipation and added back to my assets?

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
25 Jan 22 #518662 by hadenoughnow
Reply from hadenoughnow
Hmm. If this was an unsolicited gift to you which was returned without ever being part of family funds then I would suggest that it was a: non matrimonial and b: not a resource that is available to you now.
No doubt there will be arguments raised about your motivation in returning the funds. In the absence of hard evidence such as a letter explaining the return or a track record of similar actions, it may come down to who is most believable. At the end of the day though the funds were not yours in the first place so I am not sure if this is something that meets the criteria for dissipation.
Best to just be completely transparent and see what a judge thinks if it comes to that.

Hadenoughnow

  • bettydidabooboo
  • bettydidabooboo's Avatar Posted by
  • Senior Member
  • Senior Member
More
25 Jan 22 #518670 by bettydidabooboo
Reply from bettydidabooboo
Thank you hadenoughnow for your prompt and helpful response.

  • bettydidabooboo
  • bettydidabooboo's Avatar Posted by
  • Senior Member
  • Senior Member
More
25 Jan 22 #518671 by bettydidabooboo
Reply from bettydidabooboo
Thank you hadenoughnow for your prompt and helpful response.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.