5 December 2006
Dear Sir
I write following your without prejudice letter dated 1 December received today .
My open position is as follows:
1 The former matrimonial home, will be transferred to your client subject to the mortgage encumbering it. Your client will pay the costs of the transfer and will indemnify me in relation to the covenants under the mortgage and secure my release from them. Your client will pay the architect’s fees and the balance outstanding with respect to the council tax and any other outstanding bills or debts.
2 The flat at (address removed) will be transferred to me. Your client will pay all the costs of transfer.
Alternatively:
2b Your client retain the property and transfer £30,000 to me (that being the amount we agreed originally and then removed without consent from the joint account by your client)
3 Your client will transfer all of her interest in (Company) Limited to me subject to me providing the following indemnities:
a) Against all claims arising out of her ownership of the shares howsoever arising and/or
b) In respect of the period of time she was employed by the company howsoever arising.
4. I will continue to pay periodical payments for the benefit of H at the rate of £500 per month from conclusion of the divorce proceedings until H ceases secondary education. Your client will not proceed with her application for school fees.
4b Alternatively: (Replaces or supercedes clause 4 as you see neccessary)
your client will provide parental access no less than 1 weekend per month and 4 weeks holiday per annum including 14 days continuously in summer agreed no less than 3 months in advance. (Or sensible agreed alternative building to this level of access over a defined timeline) Should this take place and dependent upon it continuing without interference on the part of your client I will pay the equivalent of £10,500 per annum pro rata paid monthly in arrears until H finishes secondary education or until access is denied. Your client will not applly for school fees
5 I will transfer the Guardian policy to your client.
6 There will be a clean break.
7. All costs of finalising the financial settlement and the decree absolute will be picked up by your client
8 Your client will apply for and obtain the decree absolute by no later than 31 January 2007
My open offer to court in October remains open should this offer be unacceptable.
My Calderbank offer of 30 November 2006 remains open and is a genuine attempt to settle all outstanding matters.amicably, and avoid the additional costs to us both of seeking access through the courts in Jersey. It is also to avoid wasting valuable Court time in January with the committal.
I believe the courts are wise to this long standing and regular tactic to intimidate and pressurise .and I will be seeking costs. However I have removed the clause in this open offer.
Please make your client aware that her actions throughout will be brought up in August under conduct including the changes to the family home (removal of taps and door handles ) and this weekends allegations to X Police which I consider libellous and further intimidation.
My request for sensible access is something you have denied for almost two years and refused to give any indication or answer on. It is totally against the advice of the court and Court experts and must be addressed at some point positively and constructively by both parents together in the best interests of the child. I continue to be open to any and every dialogue on this matter and as such have left this clause open to your clients suggestions in this letter.
Yours faithfully
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