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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.


Can an ex lay claim to your house?

  • cherish68
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08 Apr 12 #322349 by cherish68
Topic started by cherish68
Hi,
Can someone tell me whether an ex who is remarried can lay claim to your house etc once divorce settlement has been reached and concluded? I now own my own house following divorce settlement. My ex is seeking financial remedies 4 years after the chattells were split, 2 years since I moved out of the marital home and three years after the divorce and settlement. Any advice would be welcome.
Thanks.

  • soulruler
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08 Apr 12 #322350 by soulruler
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Was the financial agreement settled via the courts or were you just divorced via the courts and made a gentlemans agreement regarding the financial split?

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08 Apr 12 #322355 by Tets
Reply from Tets
Also if through the courts was there a maintenance element or was it a Clean Break?

If there was no court sealed agreement then I believe he is statute barred from making a claim after he remarried.

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08 Apr 12 #322365 by cherish68
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Hi, thanks for the response. It was a Clean Break and after he gained residence of our kids I paid maintenance. Any idea what oustanding financial remedy could mean?
Thanks

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08 Apr 12 #322366 by soulruler
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Sounds like he is having a nervous breakdown and trying to give you one.

Maybe just remind him that you have a Clean Break order sealed by a court and that you paid maintenence in accordance to the order.

Also, sort of funny as Tets says he is statute barred from making a claim once re-married so he is, I would have thought "twice out of order"! :laugh:

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08 Apr 12 #322372 by cherish68
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Hi, the actual financial split was done via the courts. The chattells (household effects)were split without the courts intervention. It was a little complicated because the marital home was sold for re-development. I negotiated a rental agreement with the developers and stayed on in the house until I could find somewhere to live. My ex wanted to take all the doors/floors/architraves etc from the house before it was demoloished, sell it and split 50/50. However, I couldn''t see how this was possible as we sold the house and then it was rented back to me. The day I moved out the developers were actually standing over me waiting for me to give them my door keys! Before I moved out I managed to get someone to remove the firepaces (they were cemented and not screwed in)the bathroom suite and a cast iron Rayburn. I was unable to sell them on ebay or the local demolition company (who wanted money to remove them!) and I gave them away - apart from the Rayburn which I left in the garage. I told my ex about the Rayburn, suggesting he should attempt to sell it. I don''t think he did. I can only assume that he is after recompense for the fireplaces etc. The kids lived with me up until just before I moved out. It was an awful time - they were put through CAFCASS twice. In the end to stop the bickering I gave in. Maintenance was done through the CSA and I am up to date with payments.
Cant beleive that this nightmare continues...

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09 Apr 12 #322603 by cherish68
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Thanks for your response. Will be going to court next Monday so will let you know how things go:S

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