Love-cheat tycoon granted Legal Aid to fight divorce

A FORMER multi-millionaire was given legal aid to defend his ex-wife's claims for a divorce settlement.

The man, once one of Scotland's richest people, had made his fortune in telecommunications but his business collapsed.

Before the crash, the 47-year-old, who cannot be named for legal reasons, had enjoyed a lavish lifestyle and fathered several children by two lovers.

His wife of many years had initially sought a 20 million payment at the end of their marriage but later dropped it to 10m.

A judge has ruled she should receive 1.6m - nearly half from a trust the husband had set up in the good times for his children.

Lady Clark said the man appeared to have "basically given away" millions of pounds in recent years and she was "not persuaded that there are hidden assets".

The judge was told that the man's finances had been the subject of a major investigation before the Scottish Legal Aid Board decided he was entitled to legal aid in the case.

The couple married in 1988 had no children. The wife, who lives in Glasgow, suffered poor health and when she became pregnant, they decided on a termination because of fears for her condition.

She had learned her husband had been unfaithful after finding a letter to him from another woman, but he insisted the affair had ended.

However, he worked away from home regularly and had resumed the relationship which led to his lover later becoming pregnant. She gave birth shortly after the husband had been with his wife at the termination.

Lady Clark said the man had been leading a double life.

"He claimed that, for him, the termination signified the end of his marriage and he never felt the same about it. For whatever reason, he did not share these thoughts and concerns with his wife," said Lady Clark.

"The wife presented as a charming, attractive and caring woman who had plainly been devoted to her husband and dependent on him."

From about 2003, the man became involved in "an international lifestyle" as he built up his company.

The other woman had another two children.

He set up a trust and it bought property in Scotland where the other woman and the children lived.

He and the woman broke up after he had formed a third relationship with a woman who had worked for him, she went on to have two children by him.

That relationship, too, had ended, the court was told.

Lady Clark said the wife accepted that her husband, who lives in the US, had provided for her generously in the past. The judge said her impression was that the man was genuinely distressed by his wife's deteriorating medical condition. He had made 10m from his business but it had crashed in 2009 and he now relied on pensions worth about 700,000.

"This case is unusual in many respects…since 2005, the husband has given most of his cash assets in one form another to other people, including the wife," said Lady Clark.

"I am in no doubt it is because he has basically given away most of his money…that he has now such limited resources. "

Lady Clark said she did not think the wife, in the circumstances, could have given more to the marriage.The judge ruled the wife should receive a total of almost 1.6m. She already had assets from the marriage worth 600,000 - mainly her home - and she would be given 200,000 from her husband's pensions, and 789,000 from the trust.

CHARGES AND COSTS

LEGAL Aid is available for either legal advice or representation in criminal and civil cases.

Applicants must be able to prove they have a legal basis for their case and, because of their finances, they need assistance.

If an applicant has a disposable income of less than 3,415 a year all legal costs will be covered. But, if it is more than 25,450, they will not receive a penny.

People in between the two limits can expect to receive a contribution, with the amount decided on a case by case basis.

The Scottish Government is cutting Legal Aid from 155 million in this financial year, to 142.3m in 2011-12, in a move expected to put pressure on applicants.