Hi, here for my Dad

Hi there, thanks so much for this site

I am here looking for advice for my dad - his missus (not my mum) walked out on him 5 years ago and they divorced pretty soon after. Unfortunately, they did not go for a 'Clean Break' (very, very stupid, I know ) .

Now she is claiming loads off my dad even though she is in a well paid job with a secure Council tenancy and we think is co-habiting (she is not admitting it but a man lives with her).

My dad only works in a shop part time, has depression and anxiety issues and only owns a small flat which has little value as the lease is due for renewal.

His pension is already in payment.

She is 20 yrs younger than him and he is 63. She never paid anything towards bills or mortgage since she left and even when she was living with him, she did not work or contribute financially.

I am finding it really hard to believe that she can now claim half the property (amongst other things), effectively putting him out on the street. So I would love to know if anyone can tell me if the judge would be likely to order this given that she has a secure LA tenancy. He has already offered her all of his savings accounts which amount to about half the value of the property if it were saleable, but she has refused via her solicitor.

I feel so sorry for him as it is making him ill to the point he's been on long term sick from work. He was approaching retirement reasonably happy with his provision when this bolt came from the blue and he will be facing severe hardship if she does nab half of everything and the property has to be sold.

So sorry, this was a long post in the end, I didn't mean it to be!

Just goes to show what a horrid business it all is .

Thanks in advace and I'll try never to write such a long one again!

Hello Moog

Im sure wiki peeps will try and help, for a start your dads age is a factor but to give you an idea of how this could end you would need to answer a few questions, has your dad thought about mediation before taking the court route it works for some and can save a ton of cash.................answer these and you will get a few ideas,

Your respective ages;

The number of children you have and their ages;

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both soley held and joint;

Your liabilities.

Hi, thanks for the reply.

sadly things are going from bad to worse for dad now as he's just had a heart attack and we have no doubt at all that it has been brought on by the terrible stress he's being put under.

He is supposed to attend a hearing about 250 miles away later this month but surely he can't be expected to travel that far after what has happened now? Does anyone feel that the other side's solicitor will have some compassion and lay off him now?

I really wish this was not happening .

I wont go into the rights and wrongs of clean break. U know this already. In theory yr fathers ex has a claim to at least 50% of his assets. But in this case I think you have got a could case for getting this dismissed. The factors are:

Yr fathers ill health.
His ex wife housing needs (they are met and have been for 5 years)
The amount of time passed

You would expect that someone that has needs would require settlement fairly soon after the divorce. I suspect that she has been told that she can get some money off yr father. I would vigourously defend his position.

Solicitors and compassion? You must be confusing them with someone else. They dont care realy. They are just doing a job. And being paid to represent yr dads ex is the job. But I would write and ask that the case be defered on ill health grounds. I would also get a will drawn up. And if you can get power of atorney. Then he wont have to deal with this. You can on his behalf. C.