Furthermore, if the ex-spouse remarries (or enters into a registered civil partnership for a same sex couple) do they lose their right to make a claim against their previous spouse (ref. "If the party receiving the maintenance remarries (or enters into a registered civil partnership for a same sex couple) or dies it automatically ceases." in post www.wikivorce.com/joomla/component/optio...ew/id,57/Itemid,254/ )?
My main (second) query was would my ex(-spouse) be able to make any claims against me if she remarried; your answer confirms that she can't (even if a Clean Break / Consent Order hasn't been made).
To come back to my first question though, do you know if there is a time limit for an ex-spouse to make future claims to ancillary relief if no Clean Break / Consent Order has been made (e.g. 10 years)?
Thanks once again, your response has been most helpful.
The FMH does not have to be in joint names for the other party to seek AR.
In our case my partners ex wife asked my partner to take her name off the FMH and associated debts as she couldnt get a mortgage in her own name based on all the debt they were in. They agreed he would take on all the debt and that it will be a clean start for both.(verbal) They then get their divorce absolute.
Two years later she has taken him to court for AR, this has now been going on for Three years. Her costs so far are 30k. Five years they have been divorced. She wants 80% of his FINAL pension and around 45k from my property! Its a long story but at the final hearing we had in June, we proved to the Judge that my partner did not "manipulate" her in order to take her name of the mortgage, she has tried to show courts that he was a bully, liar and big manipulator, who forced her to sign everything over to him! (that actually makes me laugh because, he bullied her to sign over all debt to him???)Anyway our FH has now been adjourned till Oct.
Even if at the time, they had a Consent Order, if she can say she never had legal representation at the time, then the consent order is not worth the paper it is written on!