The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Financial request 21yrs after divorce

  • Zippy1970
  • Zippy1970's Avatar Posted by
  • New Member
  • New Member
More
30 Oct 23 #522004 by Zippy1970
Topic started by Zippy1970
O got married in 1996 and divorced in 2002, I signed our council house over to her (which I later was told I shouldn't have done as I made myself homeless) she had everything in the house and the car (that I later bought off of her as she couldn't afford the running cost and needed something cheaper).
I was paying maintenance for son that she had, after awhile I got custody of him and never received a penny from her for him as she was on benefits.
anyway.. she never pursued a financial settlement at the time of the divorce, and as it had cost me alot already (she got legal aid) I left it as is..
so 21 years later (she's re-married) she now wants a settlement.. i think she is entitled to a small amount of my pension that I accrued while married (is that right?) but she wants cash now!.
I'm OK to part with a small sum, but seriously 21yrs!! she doesn't work, nor her husband, living off benefits, get rent paid etc etc..
Few letters are going back and forth, no solicitors involved as yet, I just need to get some concrete advice and get it put to rest.

  • TrialRun
  • TrialRun's Avatar
  • Junior Member
  • Junior Member
More
30 Oct 23 #522007 by TrialRun
Reply from TrialRun
She's remarried and divorced years ago. She's entitled to nothing.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
30 Oct 23 #522011 by hadenoughnow
Reply from hadenoughnow
I would be inclined to take some legal advice before entertaining any discussion about final settlement. You can usually get a free half hour with a solicitor or you may want to book a legal financial consultation.
As far as I am aware there is a remarriage bar on applications in respect of capital - although if she was the petitioner this may not be an issue. I believe pensions may still be considered but a lot will depend on circumstances. What exactly is she looking for?

What you do need is a Clean Break order to stop future claims. You may have to part with some 'go away' cash to achieve this - usually based on what it might cost to take the matter to court.

Hadenoughnow

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
04 Nov 23 #522026 by WYSPECIAL
Reply from WYSPECIAL
Who was the applicant in your divorce?

  • Zippy1970
  • Zippy1970's Avatar Posted by
  • New Member
  • New Member
More
04 Nov 23 #522033 by Zippy1970
Reply from Zippy1970
She was the petitioner, I was the respondent.

  • Zippy1970
  • Zippy1970's Avatar Posted by
  • New Member
  • New Member
More
12 Nov 23 #522057 by Zippy1970
Reply from Zippy1970
She was the petitioner, I was the respondent.

I've now received a DIY contract from her to sign agreeing to pay her £16k.. we've not agreed on any sum as yet.
I didn't have that sort of money in 2002 when we divorced, so why should she get that much now?

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
13 Nov 23 #522059 by hadenoughnow
Reply from hadenoughnow
Sometimes paying a modest amount of 'go away' money is cheaper than going to court, especially if you are represented.

Her DIY contract is not going to be legally binding; you need a Consent Order stamped by the court.

Before you even consider settling I would ask for full financial disclosure and take legal advice. A fixed price consultation can be booked via this site.

If she was petitioner she may have ticked the appropriate boxes to allow a financial claim to have technically started. This would mean she can apply to court if she really thinks she has a case. The thing is the further aware from the divorce you are, the more any case weakens. A claim on your pension is possible but equally you signed away assets so it may be seen as fair exchange. You could do a rough calculation to work out the worst case pension scenario - CETV divided by years paid in then multiply by the length of marriage plus cohabitation and divide by 2. If she has pension that needs to be considered too. If pensions are substantial an actuary is best placed to advise.

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

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


Consent Orders from £950

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


Court Support from £299

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