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Can you explain this paragraph for me please?

  • geb
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14 Feb 08 #13885 by geb
Topic started by geb
This has been sent to my partner from his wife's solicitor re Financial Matters.

It's the 3rd point of 5

All of our client's claims for capital, lump sum or property adjustment to be dismissed and her claims for maintenance be dismissed upon XXXX attaining the age of 18 or ceasing full-time secondary education whichever is the later

I read this as she is still legally able to claim from him after divorce.

Am I right?

  • dukey
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14 Feb 08 #13887 by dukey
Reply from dukey
Hi yes she can claim after divorce and recive maintenance untill the child is 18 (if still in fulltime education) if not in fulltime education the cut off piont would be 16

  • geb
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14 Feb 08 #13890 by geb
Reply from geb
What exactly could she claim?

Sorry for asking lots of Qs,

  • DownButNotOut
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14 Feb 08 #13892 by DownButNotOut
Reply from DownButNotOut

I assume this quote is from communication relating to current Ancillary Relief proceedings.

You have posted it without the context of the rest of the letter...so I am guessing somewhat.

I assume that above this paragraph is a statement of what she does want, because the paragraph itself is defining what rights/claims she is willing to give up.

So I guess the letter reads something like:
e.g. if you pay our client the lump sum of xxK then...
she gives up all rights to a share of his assets (savings, cars, house etc), and it says she reserves the right to be paid maintenance up until her child is 18 or until the child finishes full time secondary education (which could be 19) [on this point i think dukey is slightly wrong, u r looking at 18 or 19, not 16).

If you do not negotiate on this xxK figure that she wants then she could make claims to the court for:

- a share of the matrimonial home
- a share of any other assets
- a share of any pensions
- spousal maintenance
- child maintenance

You have to decide whether the offer she is willing to accept is reasonable.

Only if it seems very unreasonable would you want to continue on to court (because a fight in court is costly for both sides - perhaps 5 to 10k each).

  • geb
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14 Feb 08 #13901 by geb
Reply from geb
Actually it's just one of 5 paragraphs relating to the finances.
(She already has the house, car and contents of house.)
The other paragraphs relate to maintenance for her and also for the children.

There is also wording about him not being able to claim anything from her (nothing as such about her not claiming from him other than when the youngest is 18) but this paragraph that I am asking about doesn't seem relevant

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