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  • John01
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16 Oct 12 #361342 by John01
Topic started by John01
Hello, I am looking for some advice. I was divorced 12 years ago and at the time of the divorce we had significant debts and no assets. I attempted to exchange form E''s and secure a Clean Break but my ex-wife refused to respond at the time. We have 2 children one is now 18 and the other 15 1/2 and I have been paying child maintenance via the CSA throughout the last 12 years, consequently I did not have the means to pursue the matter of the financial settlement and so let it lie. Since then I have remarried and have have been able to discharge all of the debts with no contribution from my ex-spouse. I have rebuilt my life and have a mortgage with my new wife(of 11 years)and no debts other than a mortgage. I have records of the debts from the time of the divorce; a value of my pension at the time of the divorce etc and other financial records.
Wher do I stand?

  • eyes on horizon
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16 Oct 12 #361354 by eyes on horizon
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you can attempt to settle now via consent but if the ex does not cooperate then i am not sure but one of the legal heads should be along shortly with more advice. Best bet is to write to the ex asking to tie things up, politely. I think that you can not lodge AR proceedings at court however, as you ahve remarried.

  • .Charles
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17 Oct 12 #361394 by .Charles
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Unless there were significant assets, time generally diminishes a claim.

As EyesOH says, you may not be able to apply for a financial settlement as you have remarried. It does rather depend upon whether you were the Petitioner in divorce proceedings and if so, did you make a financial claim in the petition?

Charles

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