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Trying to make a claim on ExH's money?

8 replies

ilikecooking · 16/08/2013 19:01

Never posted in this part before so apologies if this is incorrect & if so, can it be moved to the right place please?

I'm asking for a friend as I genuinely don't know the answer...

She divorced him after 7 years of marriage. This has come through but now he has inherited a 6 figure sum. She wants to know...can she try & put in a claim for it now that everything has been settled & agreed?

Thanks for any info you can provide.

OP posts:
minibmw2010 · 16/08/2013 22:03

Did he know about this possible inheritance when their divorce was being finalised?

LondonJax · 16/08/2013 22:17

In theory she could, I think. I was told, when I divorced, that it was best to get a clean break order otherwise my ex husband could claim on me or my estate if he hadn't had a claim dismissed in the past or he hadn't remarried. That applied even if I remarried and could impact on my new husband and any kids we had because my ex could claim on my estate if I died - he wouldn't get a lot but I didn't want him having anything obviously. So I got a clean break which he agreed to. That means neither of us can claim anything from the other from the date of the divorce. If your friend didn't have a clean break and she's not remarried or had a claim dismissed it'd be worth asking a solicitor (worth doing anyway as I'm only going by what I was told 10 plus years ago and I'm not legally trained)

Lonecatwithkitten · 17/08/2013 08:03

Has she got a financial consent order? I was advised if you have a financial consent order you can not go back for more, if you haven't then yes you can.
Could be very costly though.

kilmuir · 17/08/2013 08:11

goodness, why does she think she is 'entitled' to inheritance? greedy

TheFallenNinja · 17/08/2013 08:20

How long ago was their settlement finalised?

ilikecooking · 17/08/2013 08:29

minibmw yes I think from what she said, he did know it was due.

LondonJax Thankyou - I will ask her about the clean break. Thankyou.

cat Crikey, I hav eno idea - I will ask her, thankyou.

kilmuir She doesn't think she is. She was asking me if I knew, that's all. I said I would try & find out, that's all.

Ninja I think it was around Christmas '12 so about 9 mths ago.

OP posts:
Onesleeptillwembley · 17/08/2013 10:51

I hope not, that's grabby and unfair.

ilikecooking · 18/08/2013 16:02

Having spoken with her today, she worked 74 hours a week with just 4 weeks holiday a year to support him while he was unemployed for 2 years...that's why she was wondering.

It was a very nasty break-up. He then left her for her brother's girlfriend. Sad It's ruined all the family dynamics.

OP posts:
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