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10+ yrs apart, now have 2 properties Can ex claim?

  • couteaux
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25 Mar 08 #17636 by couteaux
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Hi,

My partner separated from his ex wife over 10 years ago, over 7 years ago she contacted him regarding starting divorce proceedings. She said she was able to do this without him taking part. He heard nothing more about this. Since they split up, she has gone on to have 2 more children. (they have 3 together, 22, 19 & 17 he still pays to CSA) We have 2 very young children together and have bought a house and flat long since they separated.

Do you know if she would be entitled to any of our assets if he filed for divorce now? When together, they have no assets at all, everything has been bought long after they separated. They have no contact whatsoever and we don't currently have contact information for her.

Does anyone know what she could get or what we should do in this situation? I really want this all to be completed so we know our 2 children have a secure future.

Thank you in advance!

  • dukey
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25 Mar 08 #17640 by dukey
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Hello couteaux

Bit of a grey area but based on rossi (miller v mclane) if both were purchased without the use of a marital asset and by his sole industry then they may well be considered a non marital asset the time factor also helps so i dont think his wife can have claim to them.

dukey

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25 Mar 08 #17643 by couteaux
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Oooooh thank you dukey!

That sounds positive! I'm keeping everything crossed that she doesn't have a claim. Thanks again for replying :)

  • millie_muffin
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27 Mar 08 #17849 by millie_muffin
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Hi

My partner was divorced 7 years ago and his ex wife had what we consider a fair financial settlement at the time. However with no Clean Break order rubber stamped in a court meant she can now (and at any time unless she marries) start ancillary relief proceedings. She has indeed done this in the last few months. All our assets have had to be declared and as though the previous post is true about assets accrued after separation it doesnt stop someone applying and putting you through the anxiety of the unknown as its a process that once started must be seen through.

We too have our own children and the only way is to get that clean break order for future peace of mind. So in one sense shes done us a favour starting the proceedings.

Millie

  • Louise11
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28 Mar 08 #17859 by Louise11
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Hi all

Yep millie is right! Although she may not be entitled to anything from your "today pot" she can still put you through the anxiety and worry untill you get that Consent Order.
The main thing here is you will have to fill in form E as of today stating all your assets etc, even when you dont and everyone around you thinks its really unfair. You have to prove to the courts that all your assets are not from the former marital pot, my advice to you is to start to gather evidence BIG time,i.e. where the money came from to purchase what you have today, every little detail you can think of put in a file, show what you had when you both got together and how you have built up your assets with no help from his former ex. The moral of this story is be prepared 100%. Whilst I doubt very much she can lay claim to any of your assets, it can still be a battle to get a Judge to finally understand what you will be saying. It took my case three years! We finally won it (same situation as you) but boy was it a massive headache. But you have found Wiki and will have all the help and advice you want, even at 3am if you are ever up!
If she has still not started things maybe its best your fella does, otherwise this will hang in the air for as long as it will until you get that consent order stamped by a judge it will always be there in the background. My advice dont bury your heads and hope she will go away, get it done and dusted. Even if it means you starting the process.
Kind Regards
Louise

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28 Mar 08 #17876 by couteaux
Reply from couteaux
Thank you both so much for that advice.

Very good idea to start gathering evidence. We had wondered if it would be an idea to put the property in my sole name or in our childrens names. I pay the mortgage out of my account every month (have done from day 1) but both our names are on it.

Our house used to belong to my aunt, and my mum helped with the deposit. My OH just can't believe how she could possibly get anything, especially as she's gone on to have 2 more children - but I'm very aware that the law isn't always fair. :unsure:

Thank you again - I know i'll be visiting these boards as much as I can. :)

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