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Legal Scenario Regarding Partner's previous marriage

(7 Posts)
dav76 Mon 10-Nov-14 12:40:19

My partner was previously married, but divorced 5 years ago. She did not receive any payment from her ex husband, instead letting him keep the house, and proceeds from its resultant sale - though not not before he had benefitted from renting it out against a very low mortgage.

There was a property abroad in my partner's name and a loan in the ex husband's name.

Fast forward to now, and my partner has received a case against her, summoning her to court to discuss ex husband's claim for money, presumably based on the propery abroad and recompense for the loan in his name. There is also a possible request for pension proceeds and regular payments.

We are due to see legal representation asap, but wondered if anyone had experience of a similar scenario, as it seems extraordinary to me that the ex husband even has a case here.

Happy to add further detail if required.

Thanks

millymollymoomoo Mon 10-Nov-14 13:07:46

is there a signed financial consent order signed at time of divorce? if so, what does it state? Did they have a clean break which was outlined in a consent order? If yes, then I don't believe there is a case - if not, then I understand he could possibly make a claim

dav76 Mon 10-Nov-14 13:12:17

Hi, thanks for the reply..

No, unfortunately, there was no signed financial consent order.

Does his claim have any validity (appreciate legal guidance is needed), as the loan was in his name, the property abroad in her's and claims on pensions etc seem outlandish (at least to me!), as money is not a problem for the ex husband.

STIDW Mon 10-Nov-14 13:21:17

Did your partner not benefit from legal advice at the time of the divorce?In England & Wales divorce and the finances are treated separately. Unfortunately for your partner even though a couple are divorced they can still make financial claims against each other. The exception is when someone has remarried and not applied for financial provision or a property adjustment order. Your partner and her ex need a court order dismissing future claims against each other to finalise a divorce settlement.

In a nutshell the value of any asset (including pensions) held in joint and sole names at the time of the financial settlement forms the matrimonial "pot" which is shared according to a checklist of factors in s25 Matrimonial Causes Act 1973. Each case depends on the specific details. There is no substitute for independent professional legal advice from a family law specialist who can advise your partner where she stands and what options there are in the the particular circumstances.

dav76 Mon 10-Nov-14 13:33:35

So in the sense that he has made a claim, there is certainly nothing stopping her making a counter claim of her own then I guess...

babybarrister Sun 16-Nov-14 21:11:54

There is nothing to stop the ex claiming unless he has remarried - I am afraid this is why it is important to sort money with a court order at the time of the divorce

traviata Sun 16-Nov-14 21:19:34

It is even possible that he wants an order that will prevent your DP from claiming against him in the future - certainty and finality work both ways.

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