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.


ancilliary relief

  • ENFIELDBELLE
  • ENFIELDBELLE's Avatar Posted by
  • New Member
  • New Member
More
13 Mar 08 #16670 by ENFIELDBELLE
Topic started by ENFIELDBELLE
hi, i have been divorced for nearly 3 years and we handled it ourselves rather than use solicitors. The matrimonial home was never taken into consideration. He remarried 2 months after our divorce and is now trying to get a claim on the house. I read somewhere that rights to any ancilliary relief is lost on remarriage and want to know if that is true or not. I am still in the house with 2 children.

  • familylawyer
  • familylawyer's Avatar
  • Junior Member
  • Junior Member
More
13 Mar 08 #16675 by familylawyer
Reply from familylawyer
Your ex husband may have fallen into the "remarriage trap". Under s28(3) of the Matrimonial Causes Act 1976 if a person remarries after divorce, they cannot apply for a financial provision order or a property adjustment order in their favour against the other party to the former marriage.

However, your ex husband may have already made that application as standard claims set out within the divorce petition, if he was the petitioner. He may also have made claims in an answer to your petition, if you were the Petitioner, or by issuing Form A application for ancillary relief, before his remarriage.

Your situation is complex, and I would suggest you need to contact a family solicitor to discuss. I am a solicitor but unable to give specific advice tailored to your situation in this forum, the above is simply general advice and may not apply to you on the facts.

Regards

  • ENFIELDBELLE
  • ENFIELDBELLE's Avatar Posted by
  • New Member
  • New Member
More
13 Mar 08 #16683 by ENFIELDBELLE
Reply from ENFIELDBELLE
he was the petitioner on the divorce but the only thing mentioned within that was the children, everything else to do with ancilliary relief, lump sums, periodic payments etc were all crossed out. the other thing that i didn't mention in my previous statement was that the deeds are solely in my name as he signed them over, but now he is claiming that he thought he was only signing off the mortgage, he signed off so he could get his own property with his partner, now his wife.

  • familylawyer
  • familylawyer's Avatar
  • Junior Member
  • Junior Member
More
17 Mar 08 #17043 by familylawyer
Reply from familylawyer
If he crossed the claims out on the divorce petition then you are well protected as he cannot make those claims now he has remarried.
With respect to him saying he signed the house over by mistake, I think that would be very difficult to argue and I am not sure how he could argue that and given that he cannot make ancillary relief claims.
I suppose he could potentially make an application in civil proceedings that the house is partially held on trust for him but that is a matter you would need to speak to a solicitor about.
You may want to see a specialist family solicitor now or sit tight, on the basis that there is going to be very little that he can do, and he will be told that if he seeks his own legal advice.

If you see a solicitor I suggest finding one through www.resolution.org.uk which is an organisation of specialist family solicitors.

  • ENFIELDBELLE
  • ENFIELDBELLE's Avatar Posted by
  • New Member
  • New Member
More
19 Mar 08 #17221 by ENFIELDBELLE
Reply from ENFIELDBELLE
hi, first of all, I just want to say thank you for both your responses. I also want to say that my ex has started civil proceedings but he is not being represented, whereas I am, so fingers crossed. I have all the evidence that I need. Also I will let you know outcome, when it happens. Thanks again

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11