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Remarriage trap

  • Liz A
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8 months 1 week ago #509638 by Liz A
Remarriage trap was created by Liz A
Got married. Realised hubby didnt have financial settlement or consent order.
Not so bed as timing seems good.

He cohabited 1999
Married 2001
Separated 2014
Divorced 2015

He was lumbered with £30k marriage debt .she refused to pay. He did IVA last year.

He pays CSA for son 12 (not seen him since Aug 2018 as she prevented contact and has refused dialogue- numerous abusive texts and voicemails- with 9 weeks of meeting me

Oct 2018 diagnosed with kidney cancer and positive outcome from surgery but now on basic hours- just gets tired

Now..remarriage trap..cant seek financial settlement. Debt written off now. But can seek pensiin sharing.

His ex has 14 to 15 years with Tfl final salary pension way more than his company pension.

Can he use past behaviour re debt etc as part of his position or is it just about the pensions full stop

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  • WYSPECIAL
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8 months 1 week ago #509639 by WYSPECIAL
Replied by WYSPECIAL on topic Re:Remarriage trap
Who was the applicant in the original divorce?

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  • Liz A
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8 months 1 week ago #509640 by Liz A
Replied by Liz A on topic Re:Remarriage trap
The ex wife.

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  • hadenoughnow
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8 months 1 week ago #509677 by hadenoughnow
Replied by hadenoughnow on topic Re:Remarriage trap
Unless financial settlement proceedings were started before remarriage, I am afraid it seems very likely that he will not be able to seek financial remedy. It is open to his ex to do so if she has not remarried. Even if she has, if she ticked the right boxes on the divorce petition, she will be deemed to have made a financial application.

Pensions are excluded from this. It would be usual for any pension sharing order to be based on a 50:50 share of pension assets accrued during the marriage. His ill health may be a factor but her behaviour is unlikely to be.

If there is any jointly owned property, this may be dealt with under property law.

Hadenoughnow

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