A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

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.


New wife (me) and rights of former.

  • jaw
  • jaw's Avatar
  • Elite Member
  • Elite Member
More
01 Aug 12 #346628 by jaw
Reply from jaw

Perhaps the lady in question is in receipt of spousal maintenance which she would lose if she remarried or co-habited?


Pixie meant that ex-wives are sometimes paid a regular amount of money, called spousal maintenance, by their ex-husbands to help them with their living costs. This is sometimes only paid until the ex-wife remarries, then the payments are stopped

jaw

  • pixy
  • pixy's Avatar
  • Platinum Member
  • Platinum Member
More
01 Aug 12 #346630 by pixy
Reply from pixy
Sometimes the financial arrangements are about income. Spousal maintenance is when one partner is ordered to make regular payments to the other.

Spousal maintenance stops when certain conditions occur. It is common for it to stop if the person receiving maintenance remarries.

That would explain why the lady did not want to marry.

  • jejeru
  • jejeru's Avatar Posted by
  • Senior Member
  • Senior Member
More
01 Aug 12 #346765 by jejeru
Reply from jejeru
Thank you jaw!

As I know my husband paying for child. He will do it till 18 years of his daughter, then he will just help daughter when ever she needed him. But his ex doesn''t work, I don''t know how she manage her life.

I heard somewhere about pension too, can she have rights for it? If nothing in the Will can she through the Court ask for some % of it?

Thank you

  • jejeru
  • jejeru's Avatar Posted by
  • Senior Member
  • Senior Member
More
01 Aug 12 #346766 by jejeru
Reply from jejeru
Pixy, thank you.

Do you mean that man should pay to his ex wife till a rest of his life????

The used to be married for 10 years. She wanted divorce, they are remain friends. Why a man should pay for person who she doesn''t want to live with..?

Or this is law in the UK works like this?

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
01 Aug 12 #346779 by hadenoughnow
Reply from hadenoughnow
The question you need to ask is whether there is a consent or court order for the finances. This is different from the Decree Absolute.
The financial settlement is about dividing up assets to provide a home and income.
If there is a financial settlement agreed or imposed by a court then your assets are not going to be involved in any claim. If there is not then they could be if they become joint. At least it may mean there is an argument about them.
Was your husband the Petitioner or respondent in the divorce?

Hadenoughnow

  • jejeru
  • jejeru's Avatar Posted by
  • Senior Member
  • Senior Member
More
02 Aug 12 #346898 by jejeru
Reply from jejeru
Thank you very much hadenoughnow.

The Petitioner was his ex wife. All what I can see that my husband have Absolute ONLY where text which I type in my post. Nothing else.

I can see all applications for divorce. When they signed all of them. Each step on the paper. But it nothing about finance between them. I mean nothing on the paper. Only about child and what he is paying and will always pay - till 18 I guess.

thank you for any advise.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
02 Aug 12 #346904 by hadenoughnow
Reply from hadenoughnow
If your husband was the respondent and there was no application for a financial settlement at the time of the divorce, then it is very likely that he has fallen into the ''remarriage trap.'' This means he is no longer able to apply for financial settlement.

If his ex wife has not remarried she can apply. It is entirely possible, if she was the Petitioner, that she ticked the boxes about finances on the original forms. This is what solicitors advise should be done.

If that is the case then she can still bring a case for financial settlement. Her position will be strengthened if he has been paying her sums over and above basic child maintenance and if she has been living in the former marital home which is owned/paid for by him. She may decide she does not want to do this - some divorced couples happily go on with no financial order but if the situation changes - for example if you have children, he may want to change the way things are - she may not like it.

Any assets you have need to be kept in your name and not transferred into his really. She should not have a claim on them because they will have been acquired post divorce but it could cost a lot of money to0 argue about it.

Is the agreement about the child and payments on a letter from a solicitor or a court document?

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.