My wife divorced me back in 2006 and no Consent Order was granted then (although one was submitted by my ex which never went through properly so as it stands now there is no legally binding consent order in place) I have now met some one and she has now asked for 50% of the family house. As we were divorced over 6 years ago is it to late to make an application for ancilary relief she as refused my offer to except40% as a settlement which I think is more then fair. At the time of our divorce she owned a flat which has since been sold and the profits gone on to a bigger house the flat was sold in 2010 with a profit of over £25k is it to late to make a claim against this profit.
She left me with three girls to bring up although 2 are still at home and over 21 they want to stay in the house as neither can afford to buy or rent a place of their own..or able to get council accommodation..will the court take their situatition into account or dismiss it because of their ages. I am also unable to purchase a one bed property out of the 50% settlement. With the help of my new partner I can afford to buy her out for 40% and keep the family home to which we all want to live in. The house in valued at 320k with a mortgage of 50k outstanding she has not paid anything into the house since leaving in 2010 and as now since remarried with a larger semi detached house and a nice company pension to look forward to as where I at to take early retirement from my company and have since used up nearly all the lump sum from my pension to keephouse going and a roof over the girls head..is 40% a fair figure.
There is authority which suggests a six year limitation period for AR applications but as there is nothing in the matrimonial causes act to confirm that, I''d be a bit cautious taking it as gospel. On the information you have given, I''d have thought she might struggle to reach 50% as her housing needs are fully met.
The house is not the only asset that could be split. If she used matrimonial cash to fund her current home, her share of that could be a factor. Pensions too may come into the picture.
I would think your offer of forty percent is more than appropriate. Incidentally did she ever pay child support? Also would you clarify dates please. You say you divorced in 2006 but later mention she left in 2010.
I am no expert, I have been reading divorce forums to gain some insight into divorce proceedings to help myself as I am wanting to file for a divorce. From information I have gained from forums I am led to believe that following a Decree Absolute you are both free to remarry however if a Consent Order is not in place and an ex partner remarries they forfeit any rights to ancillary relief? I will be interested in other peoples advice about this also
There is a remarriage trap where remarriage of both parties prevents an application for Ancillary Relief unless a claim has already been submitted.
Usually, the Petitioner makes a dormant claim within the divorce petition which can be activated even after remarriage.
Once a party makes an application the other party responds and is brought into proceedings.
I note that you use the terms ''Consent Order'' rather than ''order''. A consent order is where both parties agree and do not require the court to decide the outcome of proceedings by trial. It does not make a difference to the subject at hand but when posting on this forum it is important not to cross wires.
She actually left the family home in 2001. she .brouht the flat in 2003 with a lump sum of £5000 from my company pension lump sum that she demanded off of me she sold the flat in 2010 and used the profit to fund her new house so was wondering do i now have a claim on the new property now.
She is the only one remarried. A Consent Order was submitted tothe Court but returned to her by the judge to have it reworded..she never done this and stopped any further ancillary action. At the timeI was having a breakdown and never really knew what was going on in the divorce process..she handle everything and used the girls as go betweens to get the paperwork signed by me I never had any legal advice at the time she had the consent order written upnto go mainly in her favour ..I never had any idea as to what I was signing up until now when she has produced the first consent order (the one the judge refused) which states I agreed 50% on certain triggers ..one when my youngest got to 21 she is now 23 and when I met someone which is now..which is why she is now coming for the 50%..my Solicitor says as the consent order never went through the Court back in 2006 this will be very hard for the ex to use this now and that it isontodays situation of both os us that the court will take things into account. So I am wondering if this is the case and that I can now apply for a Clean Break order myself and to see if the Court will think that a 40% buy out to her of the property is fair.