The Empty Nest

This was originally written as one long story. The break on the first page saying present day means the back story has caught up to the timeline that began in the first half page of Pt One.

All chapters were submitted together so the others won't be too far away.

Thanks again to Favored for his editing.

*****

The next morning it was raining hard, I opened the bedroom curtain saw the bleak outlook and climbed back into bed. I had an appointment with my lawyer in the afternoon. We were going to go through Rachel's financial report, which finally arrived yesterday, to work on strategies for Wednesday's hearing. I couldn't get back to sleep, visions of Charlie and David kept leaping into my mind's eye whenever I closed my eyes.

Getting up I had some breakfast, put some laundry in the wash and then in the dryer. I got bored so I got an umbrella and went for a walk downtown. It was quiet for a Saturday, probably the rain. I went to the coffee shop, ordered a coffee and grabbed the papers. I spent a leisurely hour flicking through the paper and ate a ploughman's lunch.

I was waiting outside Brian's office when he arrived.

"Nothing on this morning?" Brian chirped.

"Yes, my social diary is a little bare at the moment," I grunted.

"Yes, I suppose it would be..." Brian flicked through his keys trying to find the right one.

Inside Brian passed me the financial report to peruse. It was short, the villa despite being bought for one point five million and then extensively renovated was written down as being worth one point four including furnishings. A seventy five percent share in a French real estate investment company, seven hundred and fifty thousand. That was it for assets, on the debit side there was a loan facility with a French bank for four hundred thousand. It was unbelievable! Ten million had become one million seven hundred and fifty thousand in less than twelve months! Splitting this money was the best thing I had ever done.

Looking up I saw Brian watching me with an amused look on his face.

"Amazing isn't it!"

"Unbelievable! It can't be true!" I was flabbergasted.

"I doubt it is but it explains why we received it so late. There is no chance of checking these figures in three days."

"Aren't these supposed to be independently verified?" I slapped the folder down on the table in frustration.

"Yes but our problem is that we haven't really got time to organize proof to dispute them."

"Maybe we do..." my mind went to Mandy." What time is it in London?"

"It would have to be the middle of the night." Brian played with his phone looking for a world time app.

"I know someone there who may be able to help. I'll ring her later and get her working on it!"

"Good, now on to your defense. Do you still want me to make the offer?" Brian inquired.

"Yes, tomorrow at four forty five so they only have one day to consider it."

"Still four million dollars?" I could tell by his tone he didn't approve.

"Yes, they will won't more than that won't they?"

"Definitely, I'd say they would want half of your assets including family home and business and a bit extra for twenty years' service. Ball park...um...six...six point five. What they will accept, that's the question!

"So they laugh at four, that's what I want. Then when we get in front of the judge at least we've tried to negotiate."

"But unless we can prove that Rachel still has some money stashed away then the judge will think it's a joke too!"

"It will be worth a try, if my contact in London comes through we may have the proof."

"Don't get your hopes up. You haven't got any skeletons in the closet have you?"

"Umm..."

"I don't like the sound of that!" Brian huffed.

"Do you really want to know or would it be better to not tell you."

"You had better fucking tell me! I don't want to get blindsided, Rachel's lawyers are savage!"

"Okay, I...I won a bit more than twenty million." I said sheepishly.

"How much more?"

"Ten million more..."

Brain was stunned. "Where is it? Not under the bed or buried I hope?"

"No, no, my sister has it. I gave her a third for safe keeping."

"What! Why isn't it in your financial statement?"

"Well, technically it's not mine and only she and I and now you know about it. Oh... and the lotteries people because they paid it straight to her. I said she and I had a syndicate."

"Technically? Where is it now?" Brian was getting exasperated.

"It's in an investment company run and administered by my sister. I am a director and it is in my financial statement where I list all the companies I'm a director of." Brian picked up the folder with my statement and began leafing through it. "Page four, Mistcal Pty Ltd."

"What are all these companies?" Brian asked pointing at the half page list.

"A number of my rural clients run their businesses as family companies. They like to have an independent director to act as a referee in family disputes. I don't get paid but I get the accounting business."

"Are there any other multi-million dollar companies here?"

"Have you tried to buy a farm recently? They are all million dollar companies! The largest, Jones Bros, is worth around forty million but they do have a transport component to their portfolio."

"Hmmm," he stroked his chin and regarded me over the glasses perched on the end of his nose. "I wondered why you included this list when you state you receive no remuneration as a director. Hiding in plain sight, heh. I'll have to watch you. I didn't have you marked as being that devious!"

"Nothing to hide! It's my sister's money, I just do the accounting." I said with a smile.

"Is that your official line? Do you have any proof that this syndicate existed?"

"I have the winning ticket which has a time and date of purchase and I have phone records that show I spoke to my sister just before that." I said hopefully.

"Tenuous but we might be able to make it fly. Is that why you are offering four million?"

"I just want it over quickly."

"How high are you prepared to go?"

"Five wouldn't be too high, if I'm in a good mood maybe five and a half but no higher."

I had to fight the melancholy that was spreading through me. Talking about breaking up a long marriage in terms of money was making me quite sad.

"Alright I think I know what you want now. That will do for today, talk to your London friend as soon as you can and get back to me if you find anything useful. I'm away from the office on Tuesday but you can get me via my mobile. I'll see you Wednesday morning bright and early at the family court!" Brian said rising offering his hand.

I shook it, "You want to go and watch the football at the pub?" I asked trying not to sound to needy.

"Love to but my daughter and her fiancé are coming over for dinner so I best get home."

"No worries, I'll see you Wednesday." I replied walking to the door.

"Just one thing before you go, don't look to prosperous on Wednesday." Brian said, I looked back raising my eyebrow in puzzlement. "You know...leave the Armani suit at home."

"Come on Brian, you should know me better than that! I might have some money in the bank but I'm still as tight as a fish's arsehole! As if I'd spend that much money on a suit!"

Brian shrugged, "Just dress down a bit."

"Okay, see you Wednesday."

Outside the rain had stopped and the sun was peeking through the occasional break in the clouds. I walked home marveling at how rain seemed to make everything sparkle. Lawns and shrubs seemed to be growing in front of my eyes. Dust and road grime had been washed off the footpaths. Everything was renewed and revived. I wished my problems could be washed away as easily.

Later that evening when I assumed the sun would be up in London I rang Mandy. The sun may have been up but Mandy wasn't. I left two messages for her to ring me back. Just before I was going to go to bed that night she called back.

"Hi sugar daddy," she purred seductively.

"Hello Mandy," I replied more formally.

"Oh so this isn't a social call? I got all excited hearing from you on a Sunday morning." Mandy teased.

"No I'm afraid not. I've got a job for you."

"As its Sunday you do know this call is being charged at double time!" She giggled, it sounded like she was still suffering the effects of the night before.

"I wouldn't expect anything else." I replied tiredly.

"Well you are no fun this morning are you?"

"It's not morning here! Its ten thirty on Sunday night and I want to go to bed."

"Alright Grumpy! What do you want?" Mandy gave up her comedy routine.

"I want you to look into a company that did the valuations on Rachel's house and investment with Jacques."

"Okay, what's the problem with them?" She was all business now.

"They are complete crap I think! The house is valued at less than she paid for it before she renovated and decorated it, and the investment with Jacques is only written down at seven hundred and fifty thousand. I want to know where the rest is!"

"Alright keep your shirt on. When do you need it by?"

"The divorce hearing is Wednesday morning here so...Tuesday night I suppose."

Mandy laughed, "You're dreaming aren't you? I haven't got a snowballs chance in hell of getting that by then!"

"I know but can you just check out the company that did the valuations. They must be dodgy or connected to Jacques somehow. Find me something please?"

There was silence for a bit, "I'll try, that's all I can promise and I'm only doing that because I know you are loaded!" She was laughing again.

I gave her the company name and tto,d her I'd email the report to her straight away. Then we said our goodbyes and hung up.

Tuesday afternoon I couldn't concentrate at work. I rang the hotel I was to stay at the next night and made arrangements to stay that night as well. I walked out of work two hours early telling my secretary to hold my messages until I returned hopefully Thursday. At home I grabbed the bag I had packed the night before and started the two hours to Bathurst, the closet town where the Family court had sittings assigned.

As the Family court was a Federal court then, most of the sitting days were in the state capitals or Canberra. Some early order hearings were held in regional centers and luckily Bathurst was able to fit us in to its schedule for tomorrow. Brian had told me that if it went further and Rachel continued to push for quick hearings then we would probably have to travel further. In the case of an appeal which had to be heard in front of three judges then I would have to travel to either Sydney or Canberra.

I arrived at the motel, got my key then arranged to have dinner at the restaurant that night.

Pulling the blinds closed I lay down and tried to get some sleep. My phone rang, I looked at the screen hoping it was Mandy but it wasn't.

"Hi Jeffery, where are you? I went to your house and office after work but you weren't there." Charlie asked in a worried voice.

"I'm in Bathurst. I couldn't concentrate at work so I decided to come here early. Is there something wrong?"

"No, no I just wanted to wish you luck I suppose. If that's what you do for someone going through divorce...just wanted to let you know that I'll be thinking about you tomorrow." She was flustered and for once the shoe was on the other foot.

"Thanks, that's nice to know."

There was silence for a bit that I attempted to break.

"How is David?"

"Fine, still a sullen teenager but okay," strain was noticeable in her reply.

"I've got some reading to catch up on so I'll talk to you later." I was letting her off the hook and myself I suppose. On so many levels I wanted her to be close to me but didn't want to put it all on the line and be left hanging.

"Will you let me know what happens? I mean...um... can I see you when you get home?"

A million thoughts went racing through my mind but I couldn't find the words.

"Jeff? Jeff? Are you still there?" Panic was evident in her tone.

She had put herself out there, she was vulnerable. I took a leap as well.

"Yes, yes just you know preoccupied. I'll ring you tomorrow night and let you know what happens. We can organize a catch up then."

"Great I'll talk to you tomorrow," the smile was back in her voice.

I lay down and surprisingly slept through my dinner reservation. The room phone rang. It was reception asking if I was alright. I told them I was and asked if they could bring something to my room. After eating I channel surfed for a few hours waiting for a call from Mandy that didn't come. I woke up again at three am with the television still going. I rolled around for several hours trying to get back to sleep but worrying about my fate at court that day kept me awake.

* * * * * * * * * *

Present Day.

I don't know what I expected, something like on television I suppose. The judge sitting up on a high bench. The lawyers facing off in a large oak paneled room with rows of empty chairs behind them. Instead it was just like a small conference room with tables arranged in a u shape. Tea and coffee facilities on one wall, a court stenographer setting up recording equipment. Very utilitarian except for a larger, more comfortable chair at the top of the u that I assumed was the judges.

Some of the court formalities were still observed as we were seated opposite each other, Rachel and Jacques studiously avoiding my gaze. The clerk of the court asked us to stand and the judge, a middle aged woman, entered and sat in her comfy chair. After we sat back down she opened the file she had bought with her and arranged the documents in front of her in two piles.

"Let's make a start shall we," the judge said looking up at me from the files. "I take it you are Jeffery Blake," I nodded, and she turned her gaze towards Rachel. "And you are Rachel," she nodded as well.

"Okay then, now this all seems a bit rushed. Are you sure that there is no chance of reconciliation down the track?"

I looked across at Rachel, letting her make the first move but her barrister was on his feet straight away.

"Your honor, I am Nigel Kerr from Waters, Anderson, Nelson and Kerr. I will be representing Mrs. Blake in these proceeding and..."

The judge was giving him a stern look and waving for him to sit down. I was trying to stifle a laugh, I had written down the law firms name on a doodle pad and I had just struck me what the acronym would be.

"I know who you are Nigel! I'm just not sure why you are here!" Nigel sat down with a miffed look on his face. "For benefit of the all participants I want to make it clear this is a non-adversarial hearing. As such it is run by me and generally with the minimum of input from legal eagles such as yourself! Indeed I wonder why you deemed it necessary to attend."

The judge fixed the barrister with a withering stare then softened her gaze as she looked around the tables.

"The reason why we have these is to try and sort out an amicable agreement between the parties without the expense and time taken in a full court hearing. Hence they require the judge to act as an intermediary between the parties to find some common ground. I generally find that lawyers get in the way."

"With all due respect your honor, Mrs. Blake has requested that I speak on her behalf as she isn't confident in her ability to get her point of view on the record!"

They were like two bulls locking horns as they held each other's gaze. The judge flinched first looking down at her notes.

"Very well Mr. Kerr, but I will be asking your client some direct questions and I expect to hear some sort of answer from her first."

Rachel's barrister sat down with a smug look on his face. Brian stood and introduced himself and then sat back down. The judge took a sip of water then turned the first page of the notes in front of her.

"Firstly, I see that you have only been separated for two months," She looked up and looked first at me then at Rachel. "This is not a long time. In fact it's unusual for you to be at this court without being apart for at least twelve months. Are you sure that there is no chance of reconciliation?"

As she finished speaking she was looking at me so I spoke first.

"It's gone too far to be retrieved." I said simply, unemotionally. The judge moved her gaze to Rachel.

"It's finished." She said moving closer to Jacques.

"It must be understood that Mr. Blake deserted his family in France on Christmas Eve!" Nigel put his two cents worth in and earned a savage rebuke for his trouble.

"Mr. Kerr! That is exactly the sort of statement this process can do without! I remind you that this is still a court of law and I have the power to hold you in contempt! You have been warned." She sneered, I was starting to like this women.

He looked suitably chastened, so the judge moved one of the files beside her back in front and opened it.

"As the siblings involved in this union are adults then this becomes a simple matter of property division. I have your statement of position here Mr. Blake and I have a few points I would like to qualify. Firstly, I see about twelve months ago there were three large withdrawals that were noted in your tax returns as gifts?"

"Yes," I relied, "they were gifts to my daughters."

"Okay, they are all married?" I nodded, "that explains the different last names. I thought you might have had a harem or something." She said jokingly but nobody laughed.

"Also about the same time another one and a half million was taken out in various sized withdrawals that are described as loans in your statement. I can find no repayments listed can you explain this?"

"Yes, I helped out a few friends with interest free loans. The repayments are annual so the first installments will show up in the next couple of months."

"Interest free?" The judged queried sitting back in her chair as she peered at me over her glasses.

"Yes, these are proud people. They wouldn't accept gifts so I structured it so they have the money for ten years, if they pay back ten percent a year then the debt is over. If they don't make all the payments they have to repay the balance after ten years probably by going back to a commercial lender."

"A genuine good Samaritan?" There was a hint of sarcasm in her rhetorical question but she seemed happy with the answer.

"The rest seems fairly straight forward," she continued, "I understand that you have made an offer to settle this matter? Ahh... four million dollars. Is that correct?"

"Yes."

"How did you come to that figure?"

"I halved what I have in the bank then added a million for Rachel's share of the business and house."

Swiveling in her chair the judge addressed Rachel.

"I understand that you find this offer inadequate?"

"Yes, your honour," she said quietly.

"May I speak, your honour?" Nigel asked obviously annoyed.

"Certainly."

"Mrs. Blake has given her husband thirty years of her life, while he built a career she supported him and raised his children. Now he has a successful business while she has no other means of support. The offer while large is mean spirited for someone who has given so much of themselves."

I clenched my teeth and balled my fists. Brian elbowed me discreetly giving me a look that said calm down. The judge was silent for a moment then she closed my file and reached for the other one. Opening it she pulled out some handwritten notes.

"Perhaps this would be a good time to delve into Mrs. Blake's statement of position, and then we can move on to possible settlements."

"Yes your honour." Nigel replied opening his own folder signaling he intended answering the questions.

Ignoring him the judge had Rachel firmly in her sights.

"One year ago you had ten point-two-five million dollars in a bank account in your name. Is that correct?"