I wonder if someone can clarify the question on Ancillary Relief. My ex has not ticked any boxes in the Ancillary Relief section and now the Decree Absolute has been granted. I dont think she is going to claim any financial but where exactly do I stand legally? Do I need to get something from the in writing that she will not be able to claim anything in future? Or is this taken for granted since she has not ticked the boxes in the petition?
If I do need to get something in writing (and I dont want if it is not absolutely necessary) what is it that I need to file?
If she did not tick the box in the Petition this means that there is no pre-activated claim. If your ex wife remarries she will not be able to make a claim against you. Similarly, you will not be able to make a claim if you remarry.
However, either of you who does not remarry can make a claim against the other.
For both parties it is best to reach an agreement by consent and apply to the court to have this recognised under our legal system to avoid any claims arising in the future.
Thank you Fiona.
Since we are not on talking terms I think the Consent Order is out of the question. How do I go about requesting an order from the court to dismiss future claims on grounds that she has not ticked any boxes in the petition?
Not ticking the box`s does not mean the right to claim is lost, it just complicates the matter and leave of court is required, the box`s are crossed out then the right to claim is lost as both Charles and Fiona say.
Thank you dukey. English law can seem strange sometimes. Why doesnt the court enforce a positive respponse on the Petition. Then people would know where they stood.
I am confused at the moment as to how I should approach in finalising this as I dont want future claims hanging over my life...