Clean break/covid worry

[violetindigolilac]

Hi all, a good friend is in an absolute tizz. She's been divorced for over 10 years, is now sole owner of marital home and gets basic maintenance from her ex for remaining child u18. Her kids are 21,18 and 16. She never got a clean break order. She has no other assets. Her eldest has CF so home from uni and her middle has tested positive. She's dealing with that but it's made her panic about dying without a will, which she's going to rectify ASAP.

She says though she's read that her ex could still take everything from her (the house) and mentioned a contents order. She clearly needs professional advice but I'd like to be able to calm her down ahead of the weekend. A clean break is something she should pursue I think in case her numbers come up but in terms of the house is she right to worry? I think she's misunderstood. Thanks

The term in Consent Order.
It is issued by the court and details the financial agreements of divorce. That doesn’t have to mean a clean break, but you would get a clean break via consent order.

Theoretically her XH can take her to court, yes. But the reality is - if there was a clear intent of both parties that she solely own the house, and that was fair, a judge isn’t going to rule against that for fun.

I’d reassure her that a judge would have to have good reason to approve a Consent Order that went against their original decision, that had been in place for 10 years.

BUT... what did they agree?

Remind her that if XH were to make a claim on her assets (the house) then his assets would be considered too - maybe he has bought a house since, has a pension, etc...

Also important - have either of them remarried?

Being in a tizz isn’t helpful, getting legal advice is!

Thanks @Cocomarine! I couldn't find the term contents Order so thought perhaps she'd meant consent order.

He's remarried, she hasn't. He now runs a guest house so will have some assets I imagine. I think with the worry over her daughters she's let things get in top of her.

She's getting advice next week but I think feels calmer for now. Cheers

Who issued the petition? If you did he can’t apply anyway. It’s referred to as the “remarriage trap”.

*She, not you.