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Will my ex-wife be able to make future claims...?

  • daddy2010
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25 Aug 15 #465921 by daddy2010
Topic started by daddy2010
Hi all,
Its been a few years since ive been on here. I''m happy to say ive been through the dark tunnel of divorce and emerged from the other side in a happy place.
My ex has remarried, I''m living with my partner and our kids are very happy.
So now its time to get on with the rest of my life and trying to build a more secure financial future for me and my family...ie a business venture.
However knowing my ex-wife and her weakness for expensive handbags etc, any prospect of getting her hands on a future sum of money courtesy of me, will not be missed.
Am I worrying over nothing or would there be a real danger of her having a claim to any future earnings I might make through a new business etc.
Thanks in advance.

  • LittleMrMike
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25 Aug 15 #465924 by LittleMrMike
Reply from LittleMrMike
If your ex has re-married, she cannot, in general, make any claims after the marriage.

However it is possible that she may have made a claim for financial relief which has not been determined. If this is the case she could, at least in theory, continue to pursue the claim she made during the divorce.

However. the fact of her re-marriage would make a claim much more difficult, as she has a new husband to rely on. She certainly could not claim spousal maintenance.

It''s usual for a financial order to state that it represents a final settlement and that no further claims are possible thereafter. But many couples, we know, just divorce, in which case the possibility of a future claim cannot be totally ruled out.

For the record, she can''t claim against your new partner.

LMM

  • julie321
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26 Aug 15 #465940 by julie321
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Hi Little Mr Mike
Could I just ask what a claim for financial relief means?
Does it have to be a claim through the courts or can it be the start of negotiations through mediation for example?
Thankyou

  • Fiona
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26 Aug 15 #465945 by Fiona
Reply from Fiona
Remarriage bars someone from making a *new* court application to claim against their former spouse''s assets (except pensions.) That means a remarried spouse can pursue claims if they were the Petitioner to divorce and applied by ticking the boxes for financial orders in the divorce petition, or if they applied to court for a financial remedy (Form A) before remarriage.

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26 Aug 15 #465954 by julie321
Reply from julie321
Thank you Fiona.

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