Can my ex claim money from my new partner?

 

can my ex claim money from my new partner

Colouring in is harder than it looks

It is a common question in divorce: “Can my ex claim money from my new partner?”  Or: “Can my new partner’s ex claim against me?”  It seems to be a fear for most spouses going through the divorce process who are cohabiting, or thinking about cohabiting, with a new partner.  When I receive questions like this, I always think: this time I will give a really short, clear answer.  But just like my efforts at colouring in when younger, I end up going over the lines.  So it is with my blog posts about English family law.

And so to the virtual postbag.  This is the question, posed by C:

I would like to know that if my new partner and I got together (living or married) could his ex-wife claim on my monthly wage? Plus I own my house outright would she have any claim on that?
Thank you.

Each case turns on its own facts.   This is what lawyers say all the time to just about every enquiry that comes in their direction.  Put another way, it is essential to know the facts of a given situation if any advice is to be given in a legal context. To say anything useful in response to C’s question I will need to colour outside the lines.   And I have written before about the status of co-habitees in family law.  Now, as every regular reader of my blog will know, I do not, ever, give out advice.  I can only make observations or prompt further questions for my readers to consider.

 Can my ex claim money from my new partner?

So, in answer to C’s question,  I can make the following points:

  • Since it is your house, your new partner’s ex cannot make any claim against your property.  Full stop. 
  • I presume that your reference to your new partner’s ex-wife means that he has obtained a divorce and a financial settlement.  If he has NOT finalised his divorce and financial settlement, and you move in together, he must disclose that fact to his solicitors.  If he does not have solicitors, then he must disclose that fact to his wife or her solicitors.  This is called the duty of disclosure.
  • If the divorce and financial settlement have not been sorted out yet, and you move in together then his ex’s solicitors may say that you represent a resource to your partner.  The fact that you are housing him means that he may not need as much of the equity in his matrimonial home as his ex-wife.  If your partner has children from his marriage and they are predominantly going to live with his ex-wife then she may say their housing needs should be added to her own housing needs so she should have more of the equity.  And anyway, her lawyers may say, since you are helping your partner to address his housing needs, the ex-wife can how have more of the equity since he does not have as great a need.
  • If the divorce and financial settlement have not been sorted, and the ex-wife wants spousal maintenance then she will say the fact that you are living together means that you are sharing your living expenses so perhaps this frees up a bit more income for spousal maintenance.  But she cannot claim against your monthly income.  That is your money – not your partner’s nor his ex-wife’s.
  • But, if the divorce and financial settlement have been sorted then the impact of you living together is more limited.  There should be a final court order dealing with the matrimonial finances. The key thing is whether the ex-wife has an order for spousal maintenance. If she does, then she may argue that moving in with you means that your partner is sharing his living costs with you so he can afford to pay his ex a bit more.  The ex-wife may therefore make an application to vary her spousal maintenance upwards.
  • And C should remember to consider protecting her own position in relation to her new partner if she lets him move in.  What about a cohabitation agreement between you to sort out who pays what over the course of time?

I could go on quite a bit with these observations.  The answer to “Can my ex claim money from my new partner?” is not as straightforward as it might appear.  But I have almost worn down my crayons so time to pack it in.

Tags:

  1. Paul’s avatar

    I am currently getting divorced, but no financial settlement has been sorted. I currently earn a considerable amount more than my spouse and my solicitor fears here may be a claim for spousal maintenance.
    I am considering buying a new property with my new partner that would no equity in it of my own, deposit put in by my partner, and would like to know if my ex has any claim on this property. Also my new partner has 2 dependant children that would be living with us and there would also be a high mortgage now to repay.
    Would this help me in my ability to stop spousal maintenance being raised, or would my ex still potentially have a claim.
    My ex is living in the marital home that is paid for outright. And I plan to let her ave this as part of the divorce.

    Reply

    1. DivorceFT’s avatar

      Hi Paul,

      Whether or not you are required to pay maintenance to your spouse depends upon a number of factors – usually referred to by lawyers as section 25 factors (as in section 25 of the Matrimonial Causes Act 1973). The relevant factors would be, as you have already mentioned, any significant disparity in incomes. But other factors include the amount of income your wife needs to live on and the stability of her employment, as well as the duration of the marriage and the existence (and age) of any children of the marriage. These are considerations that you will have to take guidance upon from your solicitor. However, you mention the potential purchase of a new property by your new partner and ask whether your spouse would have a claim upon that. The short answer that I would expect to come from your own solicitor, is ‘No’. The only exception would be if you did end up putting capital into that new property and your spouse claimed that you had used matrimonial capital to do so. The fact that your spouse may end up with the matrimonial home free of mortgage charge does not automatically mean that you will not have to pay spousal maintenance for the reasons (section 25 factors mentioned above) that may be relevant in your case. You really need to obtain guidance from your solicitor tailored to the unique facts of your case.

      Reply

    2. Rehana user’s avatar

      Hi my name is rehana
      My divorce is 5 years ago and i married again with new husband but now my ex claim for clean break .
      Can it effect on my new husband house who bought after marriage and also our joint name accounts.and can my ex claim my saving witch one come from my husband not ex .
      I have also two boys with my ex who living with me and he gave me Maintanc.
      We want to buy an property for living on joint name can my ex claim .
      Thank u

      Reply

    3. Sarah’s avatar

      Hi,
      Just a query…
      My partner of 15 months is in the middle of a bitter divorce. They own a business together which is having me a considerable impact on the length of proceedings as most of their assets are tied up in the business. They have had a preliminary court hearing and form E’s have been exchanged and also questions raised against each other forms. The next court hearing isn’t for another 2 months.
      My partner and I are still living separately as his solicitor has advised him against cohabiting with me until he is divorced. This could take years the way it’s going. His solicitor has said that his ex wife could make a claim against my assets if we cohabit. My income is very little, I support myself and my 2 children almost 100% as my ex husband isn’t able to contribute. I own a small property outright which I purchased with insurance money from a policy I cashed in when I had cancer 7 years ago. I have tried to tell my partner that it is unlikely any of my money would be taken into account in his divorce settlement but he is taking his solicitors advice and not even entertaining cohabiting with me until divorced. His wife is due to get a very large settlement so my argument is that she won’t need a share of any of my money. Surely it is my kids inheritance were anything to happen to me?
      I am prepared to sell my house and rent somewhere with my partner until he is in a position to buy somewhere with me. It doesn’t seem fair that we have to wait possibly years even to live together.
      Thanks.

      Reply

    4. sam’s avatar

      Hi…i am buying a house outright in my name with my inheritence ..
      I am married and just need to know whether my husbands ex wife would be able to touch it?

      Reply

      1. Alan Larkin’s avatar

        Hi,

        In short: No. It’s your money and your house so it is not capital that belongs in the matrimonial pot of your husband’s former marriage.

        Reply

        1. Angelo’s avatar

          Hi there would u kindly be able to tell me if my civil partner as the same rights on my secound home i inherited?
          I no longer live with him, but I was told yesterday he wanted to leave half of the property we bought together to his daughter, she is over 18.
          The property he lives in witch we bought together Is also only in my name, I told him I’m happy for her to have the property witch u paid the deposit for and I would to be paying rent anyway,
          But I’m worried if claims from my new was witch I inherited.
          I would be very grateful if u could answer my question. Thanks very much.

          Reply

        2. Sarah’s avatar

          Hi, my partners decree nisi came through last January but is still caught up in the financial arrangements and so no sign of the absolute. We are wanting to put the last two years behind us and move on with our lives together. We have had to rent during this time due to so that we wouldn’t lose another property during the financial hearings. However, we are desperate to settle and build a happy life for ourselves (before our baby is born) if we were to put some money into a house with both of our names on the mortgage is there still the possibility that his ex wife will take this from us (we plan to buy a house equal or below the cost of hers)? As the Nisi has already been granted would this house be counted as non-matrimonial?

          Many thanks for any advise you can give

          Reply

          1. Alan Larkin’s avatar

            Hi Sarah,

            I’m happy to make observations but I do not give advice on this blog.

            My first thought is: why are the financial arrangements taking so long? I take it that your partner’s wife is the Petitioner in divorce. She has obtained Decree Nisi over a year ago – which means the court has the power to make financial orders, hopefully by way of consent order if there is agreement. I’m a bit in the dark as to what stage has been reached in the court hearings. This state of limbo is no good to any of you, and you certainly would benefit from having the your partner’s divorce and financial settlement achieved before your baby arrives (congratulations by the way!) In any event, I hope your partner settles soon or there is at least a final hearing listed so the matter can be done and dusted.

            There is nothing to stop you and your partner purchasing a property. I don’t know whether your partner is a party to any mortgage on the former matrimonial home or if the wife has her own property already. He may have trouble perhaps getting another mortgage if he is still a party to a mortgage with his wife. Your partner is entitled to address his housing needs. If you were putting capital into such a joint purchase then your partner’s wife is not able to make a claim against that capital. Unless, perhaps, she was claiming that your partner had salted the capital away out of the matrimonial pot, had passed it to you, and you were pretending it was yours. (This does happen sometimes). But, in very round terms, your partner’s wife can only make capital claims against capital or property in which your partner has an interest or against income that he generates himself.

            If it was a case where you were putting in much more capital towards a joint house purchase, then you may consider obtaining a declaration of trust, which will set out your particular interest think of owning the property as tenants in common. If you don’t what this means, have a look at the Tag Cloud for “Notice of Severance” on my blog and read the posts and comments.

            The mere granting of Decree Nisi does not mean your partner’s interest in any new property would be counted as non-matrimonial. It depends whether he is using savings from the marriage to buy the property or if he is borrowing the majority of the purchase price by way or mortgage, in which case this is fresh borrowing and nothing to do with the marriage. The financial claims will not be resolved until there is a financial court order, usually followed by Decree Absolute.

            Good luck, especially with the new arrival…

            Reply

          2. Louise’s avatar

            Hello,

            My new partner is going through a divorce having been separated for some time. We are currently cohabiting in one of their marital properties, but I am currently looking at purchasing a house of my own. My partner and his ex have 2 children together and he has always paid maintenance in fair amounts. My partner has just received a letter from his solicitor asking for details of my finances for disclosure. Are we on strong grounds to refuse given that I am not contributing and purchasing my own property?

            Reply

            1. Alan Larkin’s avatar

              Hi Louise,

              You are not a party to your partner’s marriage. As far as any matrimonial proceedings are concerned, you would be a ‘third party’. Your partner has an obligation to provide full and frank disclosure of his means for the purposes of any financial proceedings. I’m not sure if there are any proceedings in place or if the solicitors are attempting to deal with financial disclosure on a voluntary basis in the hope of agreeing matters without the need for formal court proceedings.

              In any event, disclosure is often dealt with by completion of a financial questionnaire called a Form E. The relevant question on the Form E that your partner has to answer is at section 4.6 in relation to his co-habitee’s financial circumstances (insofar as they are known to him).

              Section 4.6 of the Form e only asks for basic details such as a new partner’s income (important to say whether it is gross or net), and their approximate capital and liabilities. There is no requirment for your partner to produce any documents supporting these basic details – after all, remember that you are a third party so technically, you are able to just say “Bog off – this has got nothing to do with me”. Your partner can’t force you to disclose any information in relation to your finances. Whilst there are potentially mechanisms by which a court could try to compel you to provide documentary evidence, in reality this hardly ever happens to a cohabitee.

              So, it may help your partner to keep any proceedings rolling along, if you agree to provide only the basic information required by section 4.6 of the Form E.

              I hope that gives you something to go on.

              Reply

            2. Abby’s avatar

              Alan,

              Your website has been very helpful but just wanted some advice on an issue similar to the above. My partner has been divorced for a few years but has a child who he is paying maintenance for via the CSA. We are thinking of buying a property together but the arrangement is not 50:50, I have more money to put towards a deposit and a higher earning capacity, therefore I am worried about his ex wife being able to make a claim to our property together – whether that be the whole property or his portion. This is despite his divorce finances being settled.

              Also if we ever got married does that mean the child maintenance would be calculated on our joint income or just his own?

              Many thanks.

              Abby

              Reply

              1. Alan Larkin’s avatar

                Hi Abby,

                You say your partner is divorced and his divorce finances have been settled. I will presume you mean he has a financial order dealing with matrimonial finances. In those circumstances, it is likely that any capital or property adjustment claims that his ex had will have been dealt with already or dismissed in the final financial court order. This should mean that even if he owns a property with you, she cannot claim against his interest in that property.

                Any couple purchasing a home together should consider whether to reflect their unequal capital contributions in a declaration of trust, say 60/40 or 70/30, so that as in the latter example, one person would be entitled to 70% of the equity in a property and the other owner would receive 30%. If your income is greater you could consider a cohabitation agreement that would regulate your respective contributions to the running of your home and and your responsibilities to each other.

                In the event of your marriage to your partner, it would not change the way the CSA or CMA deal with child maintenance. This will continue to be based upon 15% of your partner’s net income for one child (your income is not taken into account). If your partner transitions to the CMA scheme, he will pay a percentage based on his gross income, but it is slightly more complicated than the CSA scheme. But, again, your income will not be taken into account.

                Cheers,

                Alan

                Reply

              2. t’s avatar

                Hi

                I had a very short marriage 18mths then filed for divorce i divorced him many reasons bad. did not get absolute til 5 yrs later as he would not pay small court order was not worth going to fight over small amount. so just got absolute.

                well i signed the form i relishwish all rights to HIs future stuff inheritance. but i dont think he sighned his to me so want i want to know is if i get a good job and come into some money can he get anymore money off me or if i get re married. at the time he even wanted alomoney from me only on 20k them and he earned alot more but self employed so hid it very bad bloke been stalked too so basically can he ever come after me for any money

                thanks xx

                we had no children only i mine as as such a short marriage he did not have to pay anything he just had to pay me small amount which he didnt

                Reply

                1. Alan Larkin’s avatar

                  Hello there,

                  OK, you want to know whether your ex can come after you for any money. You mention having signed a form relinquishing all rights to his ‘future stuff and inheritance’. Perhaps you mean a financial consent order settling all claims between you and your ex-spouse? If this was a court order that you refer to, then whether he can make any further claims against you will be decided by the terms of the order. You say he had to pay you a small amount but didn’t. I’m not sure if you mean a one-off lump sum payment or ongoing spousal maintenance? It is unlikely that your ex has any further claims against you if you are referring to a court order but it is very difficult for me to make any further observations without knowing a bit more. Sorry…

                  Reply

                2. Tracy’s avatar

                  My partner is married but I have been with him for 16 years, living in my house for 7 years and then for the last 7 years living in a house we chose together but the house is in his name. I have recently sold my house. He has a will with his wife, I currently none.
                  If we were to now put the house in my name or joint names what claim would his wife have on our home?

                  Reply

                  1. Alan Larkin’s avatar

                    Hi Tracy,

                    A number of points occur to me:

                    It seems that your partner has been separated from his wife for a long time without obtaining a divorce and financial settlement. I don’t know whether your partner still supports his wife financially (or if there are children of the marriage). But, even after such a long period of time, the wife may still be able to bring claims against your partner. There is a case in court at the moment which involves a claim 19 years after separation. It might be a good idea for your partner to obtain legal advice to see if a divorce and financial settlement can be achieived (what about mediation?)

                    If you are going to put the house in joint names, it might be an idea to do so by way of Declaration of Trust so your respective interests are properly recorded. This not only makes it clear as between you and your partner but also makes it clear to the wife that you have a distinct interest that cannot be attacked if she does make a claim. If you have a Declaration of Trust you must get a Will. This is really important, as your interest in the property will otherwise pass in accordance with the laws of intestacy – so best not to leave this to chance.

                    I don’t know how you and your partner organise your finances but you have had a long relationship together. I think it would benefit both of you to consider a co-habitation agreement (which will regulate your financial relationship together)and your respective Wills. I am sure you would both wish the other to benefit in some way if one of you died. So, for instance, if your partner were to die now (and I’m sorry to be morbid), where do you stand in relation to your occupation of your home which is in his sole name? Your partner’s wife could have a strong claim against his estate and you could also have a lesser claim as you have been co-habiting together for over 2 years. But the Inheritance Act would put the wife in a stronger position (as a widow) than you as a cohabitee, no matter how long the relationship. I think your partner needs to sort out the divorce and financial settlement.

                    So, Tracy, please, have a chat to your partner, take some advice and get a plan. Good luck.

                    Reply

                  2. Martin Taylor’s avatar

                    I divorced my ex using a online service, we had a verbal agreement to sort out some financial stuff afterwards but she as gone back on the agreement, can i do anything about this

                    Reply

                    1. Alan Larkin’s avatar

                      Hi Martin,

                      It is still possible to have an agreement that could be enforceable even if the agreement is a verbal one. The problem of course is one of proof as to the terms agreed if there is no documentary evidence or if there is no one else, independant of you and your ex, to say they were a witness to the terms of the agreement.

                      In any event, the financial claims between you and your ex arise out of the divorce itself so it is possible to still make a claim by issuing financial remedy proceedings in the court. But, the process is an involved one and you would have to pay a court fee. Also, there is no guarantee that your ex will not get more from the court than you expected (as in pension orders, for instance). So much depends upon the circumstances of your case and whether the costs of getting legal advice or going to court will outweigh the benefit of the agreement you thought you had reached with your ex.

                      I’m sorry I can’t be more positive: this is why agreements reduced to writing, in the format of a deed or by way of court order, can at least be enforced if one of the parties attempts to walk away.

                      Reply

                    2. steve nettleton’s avatar

                      i seperated from my wife in 2010, i currently live with my new partner
                      in her house, my ex is now wishing to file for the divorce an wants me
                      to supply her with our address, however due to the nature of my ex
                      i do not wish to tell her my address, for the purpose of divorce am i able
                      use a c/o address for the purpose of having papers served

                      Reply

                      1. Alan Larkin’s avatar

                        Hi,

                        Yes you can use a care of address, perhaps a trusted third party. This is, of course, one of the benefits of using lawyers. Alternatively, you could agree to be served with the divorce papers at a neutral venue by a process server on behalf of your wife. I guess the difficulty might come if there are financial claims arising out of the divorce and you are asked to give details of where you live and whether you own that property. Then it may be difficult to resist providing those details. I’m not sure why you are uncomfortable with your ex having your address – if it is because of domestic violence then you could explain the situation to the court.

                        Best wishes,

                        Reply

                      2. Tracy’s avatar

                        Dear Alan
                        Thank you for your reply 13 February 2014. However my situation has some what changed recently in that my partner’s wife has died and was wondering what position this now puts me in as cohabitee? There are 3 adult children from their marriage, I have 2 adult children of my own who both live with us, one disabled. It has transpired that the deceased wife had somehow managed to put their jointly owned property into her sole name back in 2001!which no doubt was why she never bothered divorceing him and anyway that would have made things too easy for us. Why is life so complicated!!

                        Reply

                        1. Alan Larkin’s avatar

                          Hi Tracy,

                          Yes, life is complicated, isn’t it! I think, Tracy, one of my initial observations for you when you originally posted a query, was that you sat down and made a plan with your partner. I was a little bit concerned at the length of your relationship and the fact that you did not have a legal interest in your home and may not have any benefit under your partner’s Will. I don’t know if you were able to follow up that suggestion but I think it still holds true for you. What your partner’s wife’s death has done is, perhaps, to throw your own situation into sharp relief.

                          Your partner may have a claim under the Inheritance Act against the estate of his late wife if her Will fails to make reasonable provision for him or if she had no Will and the rules of intestacy also fail to make reasonable provision. Generally, adult children are not able to claim against a deceased parent’s estate unless there are exceptional circumstances. Disability, for instance. I cannot comment further because I do not know the circumstances and in any event I am more concerned about your situation. You need to have that chat with your partner to make sure you have some security in the event of his death and securing your own interest in the family home would be a good start. If he has pension death in service benefits, he could nominate you to receive all or part of those benefits or provide for life insurance that would pay you a lump sum in the event of his death.

                          Have that chat!

                          Best wishes,

                          Alan

                          Reply

                        2. Cara’s avatar

                          Hi Alan,

                          My partner has a decree nisi and we’re waiting for the 6 weeks to pass so he can get his absolute. We are wanting to get married next year and then buy a property together in the near future. I have a considerable sum I would be putting in as deposit. If we did this and bought a house, putting it in both of our names once we’re married,would his ex be entitled to anything? Himself and his ex didn’t have children or own any property. We’ve discussed him getting a clean break order but I read that unless she agrees to it, it could be a very lengthy and costly process. She has tried to stall the divorce at every opportunity and been very difficult so I doubt she would sign a clean break agreement. Please help, it makes me scared to marry him for fear of loosing my parents money to her!!
                          Cara

                          Reply

                          1. Alan Larkin’s avatar

                            Hi Cara,

                            If your partner and his soon-to-be ex wife agree a clean break then there is nothing to stop you owning property with your partner in the future, whether you are married to him or not.

                            If it is not immediately possible to obtain a clean break order then I can understand your caution, but I would observe that if you put down a sizeable deposit then you could agree to own the property as tenants in common so that you have distinct beneficial interests recorded in a declaration of trust. Your partner’s ex would not be able to make a claim against your beneficial interest. You must remember though to make a Will determining where your beneficial interest is to pass in the event of your death.

                            What about your partner and his ex attempting mediation to sort out a financial settlement? Ultimately, if one party really wants to settle financial matters arising out of divorce and the other refuses, then it is possible to apply to the family court for appropriate orders so it would bring matters to a head. Obviously not an ideal solution but that is why the court is there.

                            But I hope you will see that it is perfectly possible to marry your partner but still protect your financial interests at the same time until you know he has reached a financial settlement with his ex.

                            As an aside, it may be a prudent measure to consider a pre-nuptial agreement if going into a second marriage when introducing a significant amount of capital. That is, of course, entirely a matter for you.

                            Regards,

                            Alan

                            Reply

                          2. Helen’s avatar

                            After a two day contested hearing I was awarded a lump sum . Six years later I have still not received anywhere near the amount I was awarded ( interest is added daily ) . My ex is and has been cohabiting prior to the order but I have now found out she has bought the house they were supposedly renting . How do I find out if he has a beneficial interest in that property with all the Data protection act twaddle that I got when he was recently called in to answer questions to a court official

                            Reply

                            1. Alan Larkin’s avatar

                              Hi Helen,

                              This is a hard one: asserting that someone has an interest is different, of course, to be being able to prove it. You are trying to enforce payment of the lump sum I take it, and your ex was examined in court as to his financial circumstances and means to pay. You say she has bought the house they were supposedly renting. Do you mean your ex told you they were renting this in the past but you are now satisfied that she actually owned the property at the time? I’m guessing that you will have already obtained a copy of the property register from District Land Registry which will show the date of the purchase and the amount?

                              The copy of the property register won’t tell you if there is a beneficial interest. If your ex has made a contribution it may potentially be recorded on the conveyancing file but if the file is in the sole name of his partner then she can refuse to disclose any documents from it. Is there a mortgage on the property? If he is a party then it would suggest that he has an interest and the mortgage application may provide some details.

                              He should have given evidence on oath so there are serious consequences if he is shown to have lied. If you know the date of the purchase (from the copy of the property at district land registry) could you not seek disclosure of his known bank statements for the period, say 6 months before the date of purchase up to the date itself, to see if any significant funds left his account and can be associated with his partner, or her conveyancing solicitors?

                              If you have any suspicion that he has put money towards another property but this time in his own name but you do not know the address, you can ask him to agree to sign a PNI form and submit to district land registry – this will produce any properties in which his name appears on the title. If he doesn’t agree, you can ask a court to order that the form be submitted without his signature to district land registry but you would need to persuade a court that he really is hiding something (his refusal to agree voluntarily may be enough).

                              I can’t think of any other ways to prove he has a beneficial interest. It is very easy to hide a beneficial interest if someone is committed to misleading the court in this way. However, if he ever breaks up acrimoniously with his partner he may have a real problem proving he has an interest unless he can provide some good evidence and if his partner wanted to be really naughty, she could produce his sworn evidence in these proceedings as proof that he has no interest!

                              Sorry I can’t be more helpful.

                              Reply

                            2. John smith’s avatar

                              Hi just a quick question
                              I have been separated from my wife for over 2 years now , we have 3 children which I pay for through csa, and have them stay with me also, I currently have a new partner but not living together, she has sold her house and we are in process of buying a house together with her putting all capital from sale of hers into new one with both of us getting new mortgage, my question is does my ex have any claim on my new property ( we rented when together) when we file for divorce ?

                              Reply

                              1. Alan Larkin’s avatar

                                Hi John,

                                In short, your wife would only be able to make a claim against any capital that you put into your new house with your new partner. If your partner puts in 100% of the capital then your wife cannot make a claim against that contribution. Unless, that is, she claims that you siphoned off some capital rightly belonging in your name, gave it to your new partner and asked her to pass it off as her own capital. Most people purchasing together, where one party makes a significantly greater capital contribution, obtain a declaration of trust. This document sets out your respective interests in the net proceeds of sale should you ever sell up to go your separate ways. The other advantage is that you clearly set out what, if any, contribution you have made to the new property and it protects your new partner against any claims by your wife. You and your new partner will need to put Wills in place if you go for a declaration of trust. You should talk to your conveyancing solicitors about how you wish to hold the property together.

                                Regards,

                                Alan

                                Reply

                              2. Lexi’s avatar

                                Hi I was wondering if you could comment on the following situation:

                                My friend is the Respondent in divorce proceedings on the grounds of mutual consent after 2 years separation. The three children of the marriage are over 20 years old, the only 4 bedroom marital property has 25,000 outstanding mortgage, no other significant debts and savings. His wife applied for divorce after her mum passed away and left her 170,000. The probate finishes next week and she will be getting a considerable lump sum. The divorce is at nisi stage. The wife has turned greedy and has stated in the voluntary exchanged Form E that she needs a three bedroom property to live in and is seeking all possible financial orders. Throughout the marriage she has never ever contributed financially. The salary from her part time job was always paid into a separate bank account in her own name. The children of the marriage have been independent and working for the last 9 years, one still living at the family home and Paying rent to his mum. My friend’s wages were always paid in family’s joint account, which paid all the bills, mortgage and family expenses and getting constantly overdrawn. My friend is earning 3 times as much as his wife does, but as we plan to get mortgage together he will not have much disposable income as he will have to support me and my three dependent children too. I have no assets, I am working part time at minimum wage and renting a property which now is not big enough for us due to the age and sex of my 3 children. We need a 5 bedroom property as my friend is working from home and needs a workroom too.

                                My friend agrees to a pension sharing order, which will transfer 23,000 of his pension fund to his wife’s pension fund.
                                Would it be reasonable for him to ask for 60% equity in the marital home, due to his major financial contribution and higher needs? How likely is that no maintenance order is made and that the wife’s need for anything more than two bedroom property is deemed unjustified. Also will it be reasonable that the wife’s inheritance is taken into consideration during the division of assets as there are not sufficient marital assets to accommodate both their needs after the divorce?

                                Thank you

                                Reply

                              3. Jayne’s avatar

                                My ex husband has applied for a variation in my spousal maint order. His income will reduce to equal mine. But does his wifes earnings class as an income and be taken into account when and if he applies to vary to order?
                                Thank you.

                                Reply

                                1. Alan Larkin’s avatar

                                  Hi Jayne,

                                  Your ex’s new wife will probably need to give some details of her earnings to assess whether she is a ‘resource’ that would assist your ex to maintain the payments originally ordered.

                                  I hope that is helpful.

                                  Reply

                                2. Jojo’s avatar

                                  Help!
                                  My partner is going through a divorce with his wife but he has moved in with me and my children. It’s my house and my mortgage but he does contribute (aka rent). My partner has a house that he rents out which used to be the martial home however only his name on that mortgage. Can my partners ex claim anything from me and my property? They have no children together. I’m just worried I may have to disclose my financial situation to her and she gets money off me. Any advice would be gratefully received.

                                  Reply

                                  1. Alan Larkin’s avatar

                                    Hi Jojo,

                                    In general, the answer to your question is ‘No – your partner’s ex cannot claim any money off you. Have a good read through the earlier comments and responses for more information. You may have to provide some financial details of your capital and income but, again, I have touched upon this in the comments above and I hope they are helpful.

                                    Best wishes,

                                    Reply

                                  2. Tom’s avatar

                                    Hi,
                                    I have been divorced for over a year now and have join custody of my son. When we divorced, neither of us put in for a clean break order. A week ago, I received a letter from my ex-wife’s solicitor asking me to agree to a clean break order, so that neither of us could claim off the other financially in the future. However, this is total out of the blue and I have knowledge that she has another man living with her, that she hasn’t disclosed officially. Should she have to disclose this officially before we agree to the order for it to be valid? And if an agreement isn’t made, would their combined assets/income be taken into account?

                                    Reply

                                    1. Alan Larkin’s avatar

                                      Hi Tom. the short answer to your question is that if you and your ex-wife agree a clean break then you will need to have a consent order drawn up which can be submitted to the court for approval. This is usually a paperwork application that does not require either of you to turn up at court. But, you and your wife must complete a form called D81 (or Statement of Information for a Consent Order) and these forms must accompany the consent order to the court. The D81 specifically asks if you are living with someone or intending to get married. Your ex-wife must tell the truth on this form.

                                      If you check out the rest of the comments and responses on this post, Tom, you will see that I have answered that last part of your question (…”would their combined assets/income be taken into account?”) quite a few times. I hope those responses help!

                                      Reply

                                    2. Rosie’s avatar

                                      My husband is retiring and would like to reduce the money he pays to his ex wife as his own income will be reduced. Can she use my income/property to fight this? She hasn’t made any effort to work since the divorce (over 10 years). I am older than she is and I work very hard for my income and will continue to, despite his retirement. There are no children involved in her payments.

                                      Reply

                                    3. PB’s avatar

                                      Hi, not divorced yet but just starting the process. I can’t afford a solicitor but he can. He is renting a new property with his new girlfriend. She is also going through a divorce but her husband has already paid her a large amount of money and is staying in their marital home. Am I entitled to know what the payout was ?

                                      Reply

                                    4. Lau’s avatar

                                      Hi Alan,

                                      I have recently moved in with my boyfriend. He received his decree absolute in October, and was separated from his wife previously for 5 years. She committed adultery (proven by the fact she has a 1 year old child with her new fiancé who is living in the maritial home with her), and was extremely difficult through the whole divorce process, but eventually signed papers etc. At the beginning of the separation, my OH put together an agreement saying he was giving her equity of the house he mortgaged for his parents, taking on their shared debt, paying her the correct child maintenance etc etc. Since she has found out he now has me moving in with him, she has got even more difficult, and is claiming she is expecting half of his pension when he gets it, and wants half the money from the house when eventually sold (not for another 20 years). She has also mentioned that her ‘solicitor’ has said that they will take into account my earnings aswell. The problem I have is, if we were ever to save up the money to get a house of our own, would she be able to claim anything from it, or say if we were to marry, can she claim on my half too?
                                      Sorry if doesn’t make sense. A new situation for me and I am starting to panic, and my OH is stressing out as he doesn’t have a lot of money left from the divorce for everything he has already given her and paying their shared debt off etc.

                                      Reply

                                    5. Neil’s avatar

                                      i am about to go to court in 3 days to finish off the financial part of my divorce (we already have the absolute), does this affect me if i remarry before this is finalised? There was a judgement made that my ex-wife had not received proper legal advice and that when she signed parts of the form pertaining to my pension she didnt know what she was signing for.

                                      Reply

                                    6. Rach’s avatar

                                      Hi Alan,

                                      My partner has recently received his decree absolute. He stupidly didn’t get a financial settlement as they amicably sorted their own divorce forms, he didn’t understand that he needed one.
                                      His children to his ex wife are grown up (over 20) and he signed the house over to her some time ago.
                                      We have a 1 year old and are looking at buying a house. We had planned on one day getting married. If we did go ahead, what are the risks?
                                      He has a reasonable pension, as does she. I do not.
                                      Thanks

                                      Reply

                                    7. Sheila’s avatar

                                      Hi my partner and i are waiting to get married but he is in the process of divorse its been over 4 years and still waiting. He was asked by his ex that she wanted more money and he said he will take it to a lawyer as she is delaying everything his ex said that she will take me to the lawyers and i have to declare everything i have..
                                      Can she.
                                      Why is the divorce taking so so long.
                                      I feel she is delaying everything over 4 years iv been waiting..

                                      Reply

                                    8. Sharon’s avatar

                                      Hi, I’m newly married to a man separated from his ex (divorced not yet filed, the woman moved out from the house with all the electronics, kitchen facilities and utensils, Bed, matrass, etc, about 8months before I married the man, we started from scratch), we are barely 2 months. On Tuesday this week, a court petition was served to us, with me as a party cited. The woman wants a dissolution of their marriage, she is said we committed adultery (whereas my dowry was paid before we started living together, I was disvirgin that night of our wedding) she is laying claims that she wants refund of the monies she spent on their wedding and during their marriage for 4years, she also wants properties in our house and also she wants a 5million naira damage sum from me (as party cited) and my husband.
                                      I’m confused and very worried! My husband is not working at the moment , but I work. Please I need your advice. I don’t know if I made a mistake.

                                      Reply

                                    9. Simran A khan’s avatar

                                      Hie
                                      I’m second wife of my husband…..
                                      Ex wife of my husband is claiming 24000 rs after a divorce and there is no kids to my husband n her ex wife
                                      Our income is also very less
                                      Can u help me in this what to do what to not
                                      And if will get chance than my husband will give money in monthly like 2000 it’s possible???
                                      Plz help me out this…plzzzz

                                      Reply

                                    10. Simran A khan’s avatar

                                      Hie
                                      Can my husband ex wife ask for maintenance?
                                      But they don’t have kids
                                      She’s claiming 24000 rs
                                      And we don’t have big amount of income
                                      Plz help me out this

                                      Reply

                                    11. Raksha Gregory’s avatar

                                      Hi,
                                      I divorced my first husband 14 years ago with no clean break order as up untill now i had never heard of it.
                                      We have both since remarried.
                                      At the time of the divorce, our children were 5 and 7. To date he has never paid any maintenance.
                                      Can he still make a financial claim against me after all this time?

                                      Thank you

                                      Reply

                                    12. Chris’s avatar

                                      Hi, my wife didn’t come out of her marriage very well financially and having spoken on the phone to a solicitor a few years back she was told that due to remarrying she couldn’t adjust any financial settlement. We have revisited this and think the advice may have been slightly incorrect. Firstly, there has been no official settlement. The house sold and both received 50% share. My wife had given up her career to be a mother whilst he earned a good salary. My wife could then only work part time so she could looked after the children. We found some info that says that if in the divorce papers it mentions about financial settlement then remarrying doesn’t lose your right to seek a financial settlement/adjustment. In my wife’s divorce under Prayer section 3 ancillary relief it says “that tge petitioner (my wife) may be granted tge following ancillary relief: a) an order for maintenance pending suit, a periodical payments order, a secured provision order, a lump sum order, a property adjustment order, an order under section 24B, 25B or 25C of the Act of 1973 (pension sharing/attachment order).

                                      We recently found out that he had been putting a lot of money from their joint account into his personal account and has had tens of thousands of pounds in it which he didn’t disclose to my wife at any time even during marriage.

                                      What my wife would like to know is despite remarrying, is she able to persue a fairer cut/adjustment to what she received?

                                      Kind regards

                                      Chris

                                      Reply

                                    13. Tim Stevens’s avatar

                                      Hello,

                                      Can you give me a view on this please?

                                      My wife and I are divorcing, the nisi was issued late last year, however the financial arrangements are taking longer to sort out, my new partner is concerned that if we were to live together, could any of her income be taken into account since we’d have to declare that we were living together? I know her home is safe and my ex-wife can’t touch this, but is there any chance that my ex-wife would be able to obtain additional money from my new partner since we would be living together? I have two children that I will pay maintenance for, I know only my income is considered for that. I’d like to try and put her mind at ease. Any thoughts would be very welcome, thank you.

                                      Reply

                                    14. Shirley fudge’s avatar

                                      Hi
                                      I was only married 5 weeks before I had my husband arrested he was controlling and eventually charged with harrasment , I also have a 5 year restraining order for my self and my children …. We do not have children together.
                                      I had messages on my phone in excess of 100 a day , and voice recordings .i am now divorced from him but I want to get a clean break order …. He will not do a voluntary disclosure … We had no financial things together while we were married , and it was a rented flat in my name which I gave up as I was scared of him.
                                      He thinks he is above everyone and still intimidating as my solicitor had an email from him saying he won’t do the v d… But would go to court…. I have no money , on benefit, rented flat… Only time I may have is when my mother passes and her estate is shared between my self and brothers… Can he claim any thing I get?

                                      Reply

                                    15. Simon’s avatar

                                      My wife divorced her ex-husband 15yrs ago and as part of the legal agreement provision was made that she would pay him a specified amount, corresponding to his share of the equity in the marital home at that time, when the youngest child was 18 or completed full time education. That time has now been reached but we do not have the cash to pay him. Our only asset is our marital home which is jointly owned and is mortgaged. My wife has no assets in her own name. If her ex-husband brings legal proceedings against her, could we be forced to sell our home?

                                      Reply

                                    16. Joanne’s avatar

                                      Me and my partner have both been separated from our Ex’s for over 2 years, neither of us are divorced or have any property with our ex’s. We want to buy a house in joint names we will be putting the same amount deposit in my question is will our ex partners have any rights to claim anything from our house in the future.

                                      Reply

                                    17. Simon’s avatar

                                      Alan, I am separated but not legally (over 3 years+) and now living with my new partner who is separated but not legally (over 5 years) I have 3 children who live with my ex youngest 15 the rest 19+, my new partner has 2 children 10 & 15 respectively who live with us. Her ex is now applying to court to force the sale of the house I live in with his ex wife. He has not paid maintenance or ever paid the mortgage . He earns triple what my partner earns, with a liability order by CSA to pay maintenance & attachment of earnings for on going payments. Can he still force her to sell the house in this instance as 2 children are below 18. Does the under 18 rule change as I am living there ? I am not making financial contribution to household as I am in debt & considering bankruptcy

                                      Reply

                                    18. Shaun libby’s avatar

                                      Hi Alan
                                      I have just had a final hearing with my ex wife and she was awarded a spousal maintance amount for three years and a nominal 5p a year until my son reaches 18 in 12 years time. I currently live with my new partner she has two children and a mortgage with equity. I can’t go on the mortgage due to bad credit. If we marry in say a years time Can my ex be entitled to ‘my new wifes’ house Or assets? Thankyou
                                      Shaun

                                      Reply

                                    19. Jo’s avatar

                                      My partner divorced his ex wife 4 years ago. They agreed that he would pay the mortgage and she would live in it with the kids.
                                      She has reported my partner to the CMA for non payment, even though he has always paid the mortgage!
                                      She basically wants both CMS and mortgage paid!
                                      My partner and I moved into rented a few months ago and I am soon getting proceeds of two property sales, which I plan to buy a small property outright in my name for my partner and I to live in.
                                      Does she have a claim to my salary and assets?
                                      Personally I would rather set the money aside in trust for the kids than hand it over to her via the CMS.

                                      Reply

                                    20. Linda peirce’s avatar

                                      Hello
                                      I have two adult children living at home. The youngest is 18 and commutes to uni. Would their housing needs be taken into consideration of my husband of 29 years and i divorce ?
                                      Also my mother is terminally ill. If she passes away before we separate will my inheritance be taken into account?

                                      Reply

                                    21. B’s avatar

                                      Hi
                                      I was wondering whether you could help
                                      My new partner is divorced (decree absolute receive), but they didn’t formally agree on finances
                                      My partner is now in a lot of debt from paying his own rent, mortgage on her house, child maintenance & pretty much everything for the children
                                      She initially agreed to let my partner off the mortgage & receive back his deposit on the house, but now she has gone back on his work & also wants a lot in spousal maintenance ontop of her own salary & single parents benefits & wants him to continue with the mortgage repayments
                                      My question is can she do this? She also wants to know my income & how much I will be paying in rent (because we don’t live together atm but looking into it)
                                      She doesn’t have a right to claim all the money & leave him in dept with nothing & demand to know my income, surely?

                                      Reply

                                    22. Andy’s avatar

                                      I have separated from my wife and sold the family home with all financials dealt with,we now live separate lives and are both renting, I am however still married and have not filed for divorce yet but looking to buy a house with my new partner. If I do this while still married is she entitled to the new property or any asset value of that property?

                                      Reply

                                    23. Jp’s avatar

                                      My partner has been divorced since 2007, but the financial settlement is still being fought out , we live together (he bought my ex out) we hope to marry next year, can we still do this while settlement is yet to be finalised

                                      Reply

                                    24. Susan Moore’s avatar

                                      Hi my partner’s just about to go through a divorce they had been living in the same house but living separate lives since her affair (4yrs)we met 18 mths ago i’m widowed the house is now sold & monies split she kept all the contents & he pays for 1 child the other goes to uni she now says she will take him to the cleaners wanting half his money + pension claiming everything she can, i don’t work as have Osteoarthritis can she claim the money he gifted to me (20,000 )any help would be much appreciated Sue .

                                      Reply

                                    25. Karen Melody’s avatar

                                      My partner (now husband) and I have been living together in my house for approx 15 years. His previous partner (they weren’t married), with whom he has 2 children (that she has refused him access to for 6 years and who are now aged 18 and 16), has decided to sue him for unpaid maintenance (+ interest) to the sum of approx £200,000!
                                      My husband has a Limited company business that isn’t hugely profitable but employs 6 people. He has no assets and we are not wealthy people. However I do have considerable equity in my property and would like to know if she can come after the equity I have in my house. I don’t have children. He contributes £1200 monthly to my account and this covers bills and food etc. But will this contribution be considered mortgage payment as opposed to rent and can she therefore come after my house?

                                      Reply

                                    26. Karen Jones’s avatar

                                      Hi. I’ve been seperated for 11 years we married after 7 years together but the marriage broke down after 6 month in 2008. I’ve not had contact but applied for a divorce only to be told he won’t sign the papers. We never had kids or property. We both have new partners but he’s admitted he won’t sign because if I remarry he wants half of what ever money I have saved or get in my pension or if I buy a house with my new partner. Is there s way I can get a clean break after 11 years separation?

                                      Reply

                                    27. Ashley H’s avatar

                                      Hi Alan, you website has some really useful information. We got married in 2011, applied for a divorce last year and it was approved in January this year (absolute granted). My ex wanted a financial order signed stating we are not claiming anything from each other which I did. I bought a property with someone else in Oct 2018 and also declared my share of equity in the property as part of my assets in the consent order. However I did not declare I was cohabiting as at that time, I saw the arrangement as more of a convenience to be able to climb on the property ladder and have a place to live. The court has responded stating the Order is not fair and we should provide reason why I haven’t stated claim on our matrimonial home (in his name) and his pension (I wasn’t working till 2014 and was on a much lower salary till a few years back). He has now decided to hire a solicitor and has stopped responding to me when I suggested I would like to renegotiate the order. I have also come to know that he has hired a PI and I have been feeling very anxious ever since mainly due to not having heard anything from his solicitor or him and about the feeling of having someone watching me. I’m not sure what is going on or how to proceed.

                                      Reply

                                    28. Tulloch’s avatar

                                      Hi,

                                      I’m currently going through the separation/divorce proceedings. My ex-wife agreed on a separation agreement and I transferred her a sum of money that was agreed and she was sign the agreement we are now a year down the line and she has changed her mind.

                                      She has now decided that she wants half of my pension even though she has her own pension but mine has an excess of £19,000 to hers. I have always paid all my wages into a joint account yet she paid hers into her own for the 13 years we were together I have never hindered her.

                                      We were trying for children however she told me that I was not able to as it did not happen and I never got tested but now I am with someone else who is pregnant so believed that she was the problem and did not want to tell me.

                                      She is stating that she wants another £9000 to cover the difference in pensions. Even though she has already had half of the house, her car paid off at £4000 all the debts paid by me and items from the house.

                                      Where do I stand ? As I will now have a blood next of kin due in the next 7 weeks is she entitled to the £9000.

                                      I’m from scotland. Any advice would be greatly appreciated.

                                      Reply

                                    29. N’s avatar

                                      My partner has received his decree nisi last year. We are cohabiting in rental property. We run a company together. His ex keeps requesting CMS recalculations and is using ever trick in the book to get her way. My question is: can his ex, at any point claim part of my income or savings (the latter I currently do not have).

                                      Reply

                                    30. Alex’s avatar

                                      Hi,
                                      My ex wife and I have been married for 17 years and have 11 years old child. Originally we married in Ukraine and after moving to the UK both become British citizens. We divorced last moth in Ukraine and she is having a new relationship but they dont live together. We both are renting at the moment and dhare custody of our son 50/50.
                                      There is no UK paper work done at all. She refuses to sign any papers.
                                      We don’t have any assets in the UK, just debts which I’m paying after her education.
                                      I’m thinking of buying a house on my own. The deposit will be a gift from my parents snd rest of the cost covered by mortgage.
                                      Will be she able to put any claims on this house? And what paper work my parents need to produce to show that the deposit is a gift from them?
                                      Thank you.

                                      Reply

                                    31. Mary’s avatar

                                      Hi
                                      I am getting married in a few months. My husband to be has a child with an ex partner (they were never married). The relationship ended years before me and my partner met. They have joint custody and also a child maintenance family based arrangement.
                                      I have my own house and my partner has just moved in with me. The house will remain in my name. I am concerned that his ex may try to obtain more money based on my income and assets. Legally is she able to do this?
                                      Thank you

                                      Reply

                                    32. Henny Sale’s avatar

                                      My husband left myself and 2 children – he has stopped paying the mortgage. Will he be able to claim money from the house even though he isn’t paying anything? Or can he only claim a percentage from when he paid?

                                      Reply

                                    33. jo Anom’s avatar

                                      Good afternoon,

                                      me and my partner have been together 5 years and currently looking at buying a house.
                                      He is still married to his ex partner but she has recently put the divorce through online and paid the fee, this was about 4 months ago but he has not received any paperwork yet.
                                      They have a son of 8 years and go through child maintenance already for weekly payments.

                                      Reply

                                    34. jo Anom’s avatar

                                      sorry i sent that too early – my question is, are we taking a huge risk buying this house before everything is finalised and is there anyway we can protect it if we do buy it?
                                      it will be a joint purchase

                                      thank you

                                      Reply

                                    35. Al’s avatar

                                      Hi Alan,
                                      My partner has been divorced for over 4 years. He and his ex-wife saved money on solicitors fees by doing the court paperwork themselves. It looks like they never obtained a financial consent order. They split everything 50/50 as their earnings we similar etc. and he believed it was settled.
                                      My partner and I are in the process of buying a house together and we will have it structured as tenants in common. We will be buying the house with the sale of our current properties.
                                      My partners ex wife is now making a financial claim against him on the basis that the property we are jointly purchasing will be more expensive than his current one and that he will be living 30mins away from his children rather than in the same village. He is getting legal advice.
                                      My concern is that if we exchange contracts/complete on the new property before they finalise this claim she is making that she could cause us to lose our new home or even claim against my portion of the property.
                                      As I have a son who will be living with us the majority of the time I do not want to risk his stability and I do not want to risk my financial security.
                                      I am wondering if we ought to wait until this is all sorted out before the house purchase continues…

                                      Reply

                                    36. Peggy’s avatar

                                      Hi
                                      My partner has been divorced for about 6 years, there is no consent/clean break order and my partner seems reluctant to get to one! They had a deed of separation drawn up at the time of paying for a divorce, and she got 60% of the profit from the house, to his 40%. They also had a loan that she refused to pay off as he did not wish her to have any of his pension (it was a short marriage). He paid child maintenance for their child as he resided with his mother for a short while but after about 18 months he came to live with his dad. His ex wife has rarely paid any maintenance. What I really want to know is, if my partner and I now buy a house together, will his ex wife be entitled to any part of that? I will likely be putting a significantly larger portion to the deposit. She has no children living with her, and owns a share of her own house. Thanks in advance.

                                      Reply

                                    37. Eugene Ndjanseb’s avatar

                                      Hi was married for over 10 years but divorced for around 3 with we had a Morgaged on her name when divorcing we had a verbal agreement not to sell the house but should be for how daughter but she’s getting married soon and I am afraid my daughter may loose what I thought was fir her is anything I still can do even though we are divorced please ?

                                      Reply

                                    38. RA’s avatar

                                      Hi i have been 9 yrs now and cant remember submitting a financial agreement, when we separated i left everything to her and my daughter not a house as we rented but all belongings and a car. I have a new partner now and we have 4 children together, we currently rent but just want to know that if either me or my new partner come into any money would my ex spouse still be entitled to any?

                                      Reply

                                    39. Chris’s avatar

                                      I have been divorced for about 6 years but did not apply for a clear break order. If I am to buy a new property with my now new partner is my spouse able to claim against us and our new home.

                                      Reply

                                    40. Nicola’s avatar

                                      Hi, I have been separated from my partner for 4 years and am in the process of obtaining a divorce. He swiftly moved to Scotland (I am in wales) and left me with our 2 children around 2 years ago. I bought him out of our family home and have always had a good stable job and have paid our mortgage and bills myself for the majority of our relationship while he worked cash in hand jobs.In the 2 years since he left he has only contributed £400 towards the children which had to be taken from his wages by the CSA. Thankfully he signed the divorce papers and the decree nisi has been pronounced but he is ignoring my solicitor when it comes to the clean financial break. He is not particularly smart and is likely doing this purely to make things more difficult for me but my solicitor has said applying for the financial consent order without his consent could cost between £5k-£10k which I really don’t have. I’m wondering what the chances are that he can make future claims against me when I bought him out of our marital home and I have had sole responsibility for the children for the last 2 years. Would this make it more difficult to make a future claim against me? I’ve since sold our home and bought a house with a new partner that is over double the cost of my first home.

                                      Reply

                                    41. Tracy’s avatar

                                      Hi,
                                      I been divorced 4 years but my FDR was only resolved recently where the judge agreed the assets being disputed were to be put up for sale no later than after 9 months (to give my ex time to adjust) and profits to be split 50/50.
                                      I have since remarried & am worried that my ex might be able to stop the sale of the assets based on my new circumstances.
                                      We have 2 kids (aged 14 & 17) who we spent their time equally with us both.
                                      Would the judge’s decision still be considered as final despite my circumstances changing after it was made but before the sale is executed? Or would my ex be able to ask for a new decision based on this change? All details I gave regarding my status at the time were true, but there have been changes since.

                                      Reply

                                    42. Tammy Summers’s avatar

                                      I have been separated from my ex since 2002. I applied for a divorce and received my nisi in 2003. I didn’t get my absolute until I applied for it recently in 2020. During the time we have been separated he has cohabited with two other partners and has children with them and he is now on his third relationship with another baby in the way. He refused to pay any maintenance for our three children. During this time we had our nisi I put myself through university, raising the children on my student loan and grant. I have since bought my home and have been cohabiting for 8 years with my new partner. What should I do to protect my personal property and home from my ex making a financial claim
                                      Against me. All my children are grown up now.

                                      Reply

                                    43. Lindsey’s avatar

                                      Hi there,

                                      My partner and I have been together for 2 years and for the past year have been saving in a joint account in order to put a deposit on our own place.
                                      My partner never got divorced from her Ex, but is now starting the proceedings.
                                      No money from their marriage was placed in our new joint account, we have only placed money in their that we have earned in the past year. They were not financially stable when they separated, sharing only debt between them. (that was in my partners name, so she is paying off with no support from the ex).
                                      They are aiming to do a quick online divorce, have no assets to split and no dependents.
                                      My question is, if the proceedings take an unexpected turn and do not go as nicely as expected, could my partners ex have any claim over the money we have in our joint account?

                                      Thanks.

                                      Reply

                                    44. Anne-Marie Rider’s avatar

                                      Hi, I need a little bit of advice please.
                                      My husband is divorced from his ex wife, and has 3 children with her. He pays £400 or £500 per month on child support depending upon a 4 or 5 week month. They never had a financial settlement in their divorce.
                                      I believe she will be entitled to claim against him in the future for any inheritance he gets unless he arranges a Financial Order, which he is currently looking into.
                                      Can she claim against me “the new wife” for any inheritance monies I receive directly from my parents when they die?
                                      Also my husband has just set up his own business this year, so a Financial Order is something he should look at as a matter of urgency I believe.
                                      Your advise would be very beneficial.

                                      Many thanks,
                                      Anne-Marie Rider

                                      Reply

                                    45. Rebecca’s avatar

                                      Hi,

                                      My partner and ex have sold their matrimonial property as part of their divorce and have agreed to split the equity 50/50. However his ex is dragging out the financial settlement to be signed.
                                      My partner and I are going to purchase a house together. Despite giving her the equity in their matrimonial property, would she be entitled to claim on the house we buy together?

                                      Reply

                                    46. John McCulloch’s avatar

                                      Hi Alan
                                      I separated from my ex in 2013. I moved out of our house and 2 of my kids cam with me. I brought them up myself and had no financial support from my ex. I got divorced last year and met an incredible lady and we are getting married soon. I got an email from my ex asking me to complete a Form E for a financial settlement. My new partner has been good enough to put me up in her home and I pay our way as we need to eat and still support my kids.
                                      I don’t have any assets of my own but I do have a pension pot which I save into.
                                      I am not sure what my ex can get from me as she already took everything including my dignity and self respect. I am so happy now and I don’t know if this situation with my Ex’s email is going to affect my future with her financially and am scared my ex is trying to take more from me.
                                      What do I do with this Form E? Ignore it or fill in the details and send it back to her?

                                      Best Regards

                                      Reply

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