Can anyone offer advice on this as I'm at my wits end and feeling rather persecuted and upset by my experiece of mediation so far? It would be good to get some neutral perspectives.
Apologies - some condensed background before my query!
Trying to divorce my husband who has been dating half of southern England for the past 4 years, despite being past retirement age. Finances are very complex - I am self-employed on a low and variable income, my husband has a pension, we have a 15 yr old son in a private school and a large country house which has been on the market for over 2 years with an equally huge mortgage. As things have unravelled I have discovered that my husband has massive debts and chronically overspends, and for the past 2 years I have taken on paying the mortgage, bills and our sons expenses owing to a small inheritance, which seems likely to be entirely used up by the time the house sells.
I'm now embroiled in a complex mediation process in which the mediators seem overly concerned about listing my husbands various debts as liabilities, expecting me to pay half without evidence I am responsible for the expenditure, but there is no recognition that my £50,000 inheritance will have gone on mortgage and bills since separation. My husband has just inherited £185,000 and they are suggesting we simply ignore the inheritances as equal, pay off his debts and split the house 50/50 once sold, with no provision for my son. This is because my husband is retired - but my income is currently only £600 a month more than his and I'm paying over £4000 monthly to cover house & school costs. Oh, and he has some private pension and I have none with about 11 years left to work.
When my son started at his school in 2009, my aunt gave £68,000 (put in a joint account in her name and mine) for his education, to provide some stability. Around that time my husband disclosed he/we had around £60,000 in debts, so with my aunt's agreement we borrowed £40,000 from the school fund with a written agreement to repay it by 2016 including £12,000 interest as it seemed to make sense to pay interest to the school fund rather than credit card companies. A year later our mortgage trebled and we stopped making monthly repayments, agreeing to repay the rest of the debt when the house was sold.
At the beginning of 2011 I discovered my husband's infidelity and we technically separated. My aunt died in 2012. Now we are divorcing, but although I consider repayment of this remaining £46,000 debt to the school account fundamental to my son's security, the mediators refuse to include it on the list of liabilities. They seem to have misunderstood the situation completely. Their latest communication says:
"The loan was effectively paid off, following (aunts) death as (araucana) was the beneficiary of the will. We understand that there is an issue in relation to the transfer of £40,000 from the loan account to the joint account in November 2009. As we understand it (araucana) believes that this money was used by (husband) to pay off personal debts. (Husband) asserts it was used for general household expenses."
In 2009 I was happy to accept debts as joint, although I dispute later debts after separation. The mediators seem to have misunderstood the gift as a loan for schooling and regard it as simply written off as I inherited from my aunt - completely releasing my husband from responsibility for repaying half of the £46,000 for our son - while expecting me to pay off half of the £70,000 debts my husband has acquired since!
There is good evidence that the school account has only been used for son's education, and I have stated things clearly, but the mediators say they will not enter into email correspondence about points and either we accept the financial statement as they have put it or give up on mediation. I'm terrified of paying £300 an hour to solicitor as I have house to pay for with dwindling resources...
Any advice please? the whole experience seems so unfair - I thought law was about protecting the interests of parents caring for children?
Thanks....
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Divorce/separation
Financial statement - mediators won't include loan from son's school account as a liability to be repaid?
4 replies
araucana · 17/02/2014 07:18
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