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Divorce settlement and recent rulings

(6 Posts)
FredaMayor Thu 22-Oct-15 10:48:19

My friend had a divorce court judgment about two years ago giving her half the amount in final settlement that her ex actually owed, about £25K. A company search is now showing that her ex has a great deal of money now and could easily pay what was owing many times over.

My question is, does anyone here know what are her legal chances of being awarded money now, after a clean break has taken place? She is poor and can't afford a solicitor.

howtorebuild Thu 22-Oct-15 10:51:30

I suspect there will be a lot of this. She has to weigh up peace v bringing a con artist to justice.

FredaMayor Thu 22-Oct-15 10:59:57

Sorry, I should have been more clear, my friend's ex didn't conceal the money from the court, he has got the money since the settlement in payment for something he was working on for the last few years when the job ended.

What we all feel, her friends, is that it is so unfair that she is struggling, when her ex could pay her what he owed although the court let him off half the debt. Does she still have some legal basis to get him to pay? I'm wondering whether money earned after separation or divorce is relevant?

howtorebuild Thu 22-Oct-15 11:01:36

.morally I would leave it. Those cases were due to Men defrauding the court and the women.

DivorceAlchemist Thu 22-Oct-15 14:19:12

Fredamayor, as a former lawyer, it's difficult to answer that question. It depends on the type of settlement they had, and what kind of payment she is looking for. If there are children, it may be possible for her to apply to increase money for them. In terms of generally, any increase in income such as a windfall lottery win sale of business needs to come very quickly after the court order. A rough rule of thumb 12months. Each case is on merits. The court would have a two stage test to consider. She may be entitled to 30 mins free legal advice for a lawyer to assess whether it's worth looking into. The general rule is it's very rare in cases like your friends.

Good luck smile

FredaMayor Sat 24-Oct-15 21:10:48

That's good to know, DA, thank you.

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