English Law / Inheritance

[Gee08]

Where to begin! My ex husband left me on the 18th January 2020, I had no job and no money. I begged him not to go. He didn’t listen and he left. I started divorce proceedings in the hope it would shock him enough to return and save our marriage (we had been married 13 years). He didn’t return and he didn’t contest the application for the divorce. The decree Absolute was granted in February 2021.

He returned to the UK at the end of December 2021, 3 weeks before his Indefinite Leave to Remain was due to expire. He called me to ask if we could try again, he promised to come and see me to speak face to face. He didn’t come and see me, he just called to tell me he wanted £75,000. A third of my inheritance. I later discovered he had remarried and has a child with his new wife.

To try and cut a long story short, he has filed court proceedings, he wants a lump sum, half the house and my pensions.

I am now fighting for my home, the house I inherited from my Mum & Dad.

I believe I’m a victim of immigration marriage fraud.

To date I’ve spent nearly £25,000 on solicitors fees and I have been advised by my solicitors the projected fees will be in the region of £37,000 to reach the court hearing in August.

I genuinely don’t know what to do.

I am so ashamed, I was foolish to trust this man. He is a calculated crook and a liar. How stupid was I to believe he loved me.

It would be so much easier for everyone if I finished my life, but I can’t give up. I have to fight! How I find the money to continue God only knows.

This is just a very small piece of the story.

My message to anyone who reads this post, please be aware of the TOLATA law (Trust of Land and Trustees Act 1996).

If you love someone, you believe they love you, please trust no one! Trust yourself, trust your head not your heart, listen to your gut instincts, believe me they are not wrong.

It doesn’t matter how much you love someone, draw up a pre-nuptial agreement. Protect what is yours because the law won’t protect you.

Thank you for reading.

Georgie

So sorry this has happened to you.

This stood out to me I believe I’m a victim of immigration marriage fraud. After 13 years of marriage this might be difficult to prove.

I’m sorry this has happened but I agree with this 13 years is a long time to be married to be able to claim this.

And I don’t believe pre nuptial agreements are legally binding in the UK.

I am so sorry - that's awful. I happen to agree with you about listening to your head - but easier said than done. It seems you begged him not to leave so you must have loved or thought you loved him. And 13 years is a long time.

Good luck with your legal fight.

Whilst pre-nuptial agreements are not automatically binding, the courts will follow them provided they are correctly drawn up, both parties received independent legal advice, there was full financial disclosure, the interests of any children are protected and neither party was pressured into signing.

I'm a little puzzled as to what is going on here. If there was a financial settlement at the time of divorce, it can only be re-opened if he can show that OP did not make a full financial disclosure. If there was no financial settlement, as he has remarried, he can only claim for a pension sharing order unless he started a claim for a financial settlement prior to remarrying. TOLATA is used for claims involving unmarried couples.

If you divorced without concluding the financial separation then that was foolish.

HOWEVER, if he has subsequently remarried then he cannot instigate a claim for financial remedy.

I'm interested to hear what type of claim he is making?

Thank you for all the words of sympathy. Yes in hindsight it was foolish of me to divorce without concluding the financials, however I am hoping this is to my advantage as he has remarried. My lawyer doesn't want to use the 'remarriage trap' law as she thinks he will proceed with TOLATA.

He has made a claim for a lump sum, a property adjustment order, a pension sharing order and he wants the sale of the property, with a 50/50 split. He has not made full disclosure and he has lied on his Form E.

We were supposed to exchange replies to questionnaires on the 5th April, but he has failed to exchange or provide the documentary evidence my solicitors have asked for, which was missing from his Form E.

He has recently returned to the UK to apply to renew his BRP (Biometric Residence Permit). One of the conditions when applying is it is advisable not to travel, but to remain in the UK while the application is pending and if you do travel outside the UK before the BRP is issued your application will be withdrawn.

He returned to Turkey on the 29th April and has instructed a friend to courier his new card when it is delivered. I find it incredible how this man thinks he is above the law.