I separated in May 2009 after 25 years of marriage. In June 2009, my ex signed the house over to me and he kept his contracting business (t/o £750 to £800K per annum)- this was all agreed verbally between us. Our Decree Absolute was granted on 11th December 2009.I borrowed £30k in August 2009 as a deposit for my ex to buy a new home in his sole name. In June 2012 I sold the marital home and have now bought a smaller property in another area. My ex also agreed in June 2009 to repay a loan of £20k at £300 p/m, executed in his sole name. This will be repaid at the end of 2014 just after my daughter will have turned 18 yrs old. The loan paid for a car for me at £12k and business purchases of £8K. My daughter went to live with her father in Dec 2010 until March 2012. During that time, I transferred Child Benefit over to him (unsure if he claimed Tax Credits) and he subsequently then took me to the CSA for monthly maintenance for our daughter. (I have no objection at all to that). She is now back living with me and I am considering now claiming off HIM via the CSA. Could he now apply for part of the equity I have in this house (about £90k to £100k??? He remarried in July 2011 and they both work full time. I work part time at 30 hours per weeek.
There''s an interesting thing called the "remarriage trap" - if he didn''t apply for "ancillary relief" before he remarried I think he can no longer pursue a claim to share anything.
Did you Petition for the divorce?
Many thanks for your reply. Yes, it was I that petitioned for the divorce as he was having an affair with my best friend- who he subsequently married. His business went into liquidation on 9 Feb 2010. I secured it on unreasonable behaviour, as other things had occured in the marriage. When you say "he" claimed for ancilliary relief??? I thought he would have to pay that to me? He agreed to pay the loan back instead of paying spousal maintenance and also maintenance for my daughter. Any help is appreciated.
A person makes an application for Ancillary Relief which is asking the court to make an order to separate the parties finances. Even if a person agrees to pay something, they can still make the application to the court to recognise the agreement.
The application is is not necessarily a ''claim'', it is an application for a formal order.
You, as the Petitioner, probably made an application for financial relief in your Petition (but you should check that this is the case). That application is dormant and can be revived at any time even once you are remarried.
As said above, your ex has remarried and made no application prior to remarriage therefore he cannot now make an application.
However, if you revive your application this will allow your ex to engage in proceedings and seek what he believes to be a fair settlement. Do not be tricked into making an application without first seeking legal advice otherwise you may ''let him back in''.
If you are happy with the current agreement and your ex is not, you need not do anything but you must establish at an early stage that you have already settled the finances.
Even if he could make an application, it''s likely that a court would not give him any more. He has remarried. He would have to show good reason why he agreed to sign the FMH over to you originally, but has since retroactively changed his mind. Plus he has remarried and already has a place to live. I can''t see him getting much even if he could have his day in court (which he can''t unless you apply).
Many thanks for your reply. Shall seek legal advice from my solicitor at the time of my divorce. I do not want part of what he has now, only that if I make a CSA claim, he cannot then apply for part of the equity in my current home. Thank you