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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Financial claims by ex-partner post divorce

  • Anon2007
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20 Aug 07 #2180 by Anon2007
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I was wondering if anyone could clarify the following for me:

It is my belief that if no 'Clean Break' ('Consent') order has been officialised (by the courts) then it is still possible for an ex-spouse to make a financial claim against the other ex-spouse post the Decree Absolute (ref. www.wikivorce.com/joomla/component/optio...ew/id,36/Itemid,254/ ). The referenced post mentions 5 years, but is there a time limit for any claims to be made?

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/ )?

Cheers,
Anon2007

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20 Aug 07 #2181 by Fiona
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20 Aug 07 #2185 by Anon2007
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Thanks Fiona,

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.

Anon2007

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20 Aug 07 #2186 by Fiona
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20 Aug 07 #2187 by Anon2007
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FYI, the FMH is in my sole name so she is not a joint owner.

I must admit that it is slightly worrying how an ex-spouse can come back decades after a divorce and try and claim more money.

Thanks once again for your prompt response.

Anon2007

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20 Aug 07 #2188 by Fiona
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20 Aug 07 #2189 by Louise11
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Hi there

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!

Kind ones
Louise

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