A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

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.

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

give it all to first wife?

  • jenny101
  • jenny101's Avatar Posted by
  • Junior Member
  • Junior Member
12 Mar 08 #16640 by jenny101
Topic started by jenny101
A relative of mine is currently going through a divorce and his ex is trying to bleed him dry despite being given more than a fair lump sum TWICE, all done verbally and privately before the Decree Absolute. He has thought about the possibility of signing all his assets over to his first wife, who is now probably his best friend - really, she can be trusted!. there was never a settlement as such in this first divorce, it was all very amicable. Would her claim if she made it take precidence over wife number two?? A long shot I know, any thoughts or advice would be great.

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
13 Mar 08 #16741 by LittleMrMike
Reply from LittleMrMike
The first thing you need to know is that a Court has wide powers to set aside a disposition that was made with a view to defeating the wife's claim for ancillary relief.

Common sense dictates that if your relative's second wife
has already had a payment made, this sum ought to count towards her overall settlement, but I would certainly advise against making any such payments on account without a Court order as it might possibly be prejudicial.

You ask whether the first wife could make a claim. I would say this depends on what was in the order when the first divorce took place. If there was an order which dismissed her claims, then the answer is almost certainly no. In general, and with a few exceptions, a property transfer order is final and cannot be re-opened. It could be relevant whether the first wife has re-married.

If there is no order at all and the first wife's claims have not been dismissed, it is possible, though unlikely, that a late claim could be made.

For the reasons given, however, a transfer of assets to the first wife could be vulnerable to challenge.


Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 

Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.

Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.

Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.