The Co-founder of Moneysupermarket.com, Richard Mason, has discovered that the three sons he raised as his own during his 20 year marriage are not his biological children.

The revelation came about after Mr Mason was told by his doctor that he has cystic fibrosis and therefore, has been infertile since birth. Mrs Mason admitted to having had an on and off affair over a period of 4 years during which time the children were born.

Legal Action

Mr Mason took legal action to claw back a £4M lump sum, paid to Mrs Mason as part of their divorce settlement in 2008 when the children were 13 and 9 (twins).

As part of the court proceedings Mr Mason was seeking disclosure of the biological father. His former wife clearly did not wish for this to happen and agreed to pay £250,000 to Mr Mason on condition that the biological father would remain anonymous.

The reason for the amount that was reached is not known. However, the court can still take into account the needs of step-children when considering a financial settlement, as they can still be seen as children of the family.

Settlement

As with all matters relating to a financial settlement the individual circumstances of a case are considered.

The court would consider whether the step-father assumed financial responsibility for the children. Whether they did so knowing that the children were not theirs, and the liability of another person to maintain the children.

Mr Mason did believe the children were his and was clearly deceived by Mrs Mason. Had the court been aware of the facts at the time of the original hearing; it is likely that a lesser settlement would have been ordered whilst still trying to ensure that the needs of the children were considered.

For instance, the court may have made an order which would allow Mrs Mason to provide a home for herself and the children but the property would then revert to the ownership of Mr Mason when the children reached 18. Mr Mason states that he still regards the children as his own.

If you would like advice on any issue regarding a financial settlement please get in touch with one of our friendly and supportive Family Law Team.