An interesting case was heard in Leeds Crown Court last month. A man was found guilty of perjury and perverting the course of justice, after forging his disabled wife’s signature on divorce documents in order to divorce her without her knowledge.

He had continued to live with his unwitting “wife” for a further year, sharing in £1 million of compensation money that she had received. He had also remarried in secret, in a religious ceremony overseas.

The full details of the case can be found here. The scam only came to light only when the “wife” decided to file for divorce – and discovered, to her shock, that she was already a divorcée.

To divorce a spouse is easier than you might think. The petitioner’s honesty and integrity are presumed. The bare minimum that a respondent spouse must do is sign the form acknowledging receipt of the petition. This form is then relied upon by the court as evidence of the respondent’s knowledge of the divorce. Continue reading »

Will there be blood on the courtroom carpet this week?

As Sir Paul McCartney and Heather Mills face one another other in court this week, Sir Paul will be flanked by some of the country’s toughest lawyers. Ms. Mills, meanwhile, has elected to represent herself. To my way of thinking, having represented a client in a similar scenario only last week in London’s High Court, to go into court unrepresented is as foolhardy as anyone could ever imagine.

For those unfamiliar with the facilities at the Royal Courts of Justice, let me describe the atmosphere in the sombre courtroom. . Until a final deal is signed and approved by the Court, a fully fought contest could yet take place. Even an agreement reached “in principle” does not guarantee a done deal – and could still break down. Continue reading »

“The client walked away with millions – and I used the case as the basis for a storyline in The Archers.”

The hardest cases – the tricky, nerve-wracking ones that need a bit of brain power – are always the most interesting. I like to play “intellectual chess”! One such case was when a client’s husband told her, out of the blue, that he was leaving. He complained that he was fed up with her spending, and claimed she was “sending him bankrupt’”. He refused to give her his new address, but told her to contact him at his business. She suspected that he was having an affair with her (newly divorced) best friend.

This couple enjoyed a lavish lifestyle. At their swish, £3 million home, they employed a groom, a gardener, and domestic help. The wife kept ponies in a paddock and stables, and the home also had a swimming pool and tennis court. There were no children. The wife, a former model, now passed her time horse riding. The husband liked to play golf and was often seen in the company of her best friend, who was also a keen golfer.

In “Big Money” cases, as with others, assets are identified, valued and divided up. In this instance, because the couple had been as poor as church mice when they had wed and their wealth had been built up during the marriage, a straightforward 50/50 split looked to be in order. When the husband’s solicitors wrote to me, however, it became clear that he loathed his wife.

The husband gave a different version of events. He insisted that his wife’s incessant spending had brought him to the brink of bankruptcy. His company was failing. The house was fully mortgaged, save for about £300,000. There were no savings. Around £50,000 had been run up on credit cards. There were no pension arrangements, as income had been swallowed up by his wife’s profligate expenditure. He had a decreasing income of £100,000 gross per annum. He offered his wife yearly maintenance of £40,000 – although he said that he was unable to guarantee this sum in the long term – plus the sum of £200,000 towards a house. His solicitors warned that if she did not accept his “generous” offer, he would take her to court and make her pay the costs. The parties had very different stories. Which of them was telling the truth?

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