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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Financial Settlement

20 replies

justusandmoo · 14/08/2022 16:52

Hay there all. After a bit of advice.

I went through a very amicable divorce about 4 years ago. All done online will very little hassle. We didn't bother getting a financial order put in place as everything just went 50/50 and tbh there wasn't much of it! No solicitors involved.

It is likely over the next few years that I will be lucky enough to come into some inheritance money. A few family members have commented on the fact that without the financial settlement my ex husband will be entitled to half of it.

We have agreed between us (my ex and I) that we would never make a claim on each other's finances but I am now wondering if I should get something legal put in place just in case.

Has anyone done this post divorce and is it straight forward?

Thanks!

OP posts:
HappyGG · 15/08/2022 19:02

That's such an interesting question and one I'd like to know the answer to too!

Chocbuttonsandredwine · 15/08/2022 19:07

If you are divorced then neither have a claim on whatever you Get now or in the future.

You could in theory go back if for example your ex hid millions from you and coerced you into a 50/50 but it would be long and costly:

same as if one of you win the lottery… it’s all that persons/

MiniCooperLover · 15/08/2022 19:13

I think you still need a consent order or a 'clean break' or he has a chance to come back for it?

millymollymoomoo · 15/08/2022 19:15

if there was no consent order signed and sealed any claim could be made so you need to get this done

Original poster
justusandmoo · 15/08/2022 19:16

Thanks for the responses all. I'm getting different views on it. Some friends have told me that he can come back and claim a share of any money I had when married or get in the future as there is no settlement in place. This is regardless if the fact we are divorced.

I don't think he ever would tbh but I have this bit of doubt....

OP posts:
frillypots · 15/08/2022 19:17

@Chocbuttonsandredwine I do r think that's true

I've been through it and was told you could go after lottery wins years after divorce if there is no cleanbreak

You need to draft up what you agreed at the time in a consent order usually costs around £500 and send it to court and pay the £53 fee to have it stamped.

Original poster
justusandmoo · 15/08/2022 19:17

millymollymoomoo · 15/08/2022 19:15

if there was no consent order signed and sealed any claim could be made so you need to get this done

Thank you x

OP posts:
waterSpider · 15/08/2022 20:19

See: www.bbc.co.uk/news/uk-england-gloucestershire-36499818

Tycoon's ex-wife awarded £300k settlement 20 years after divorce

waterSpider · 15/08/2022 20:23

Though note the above case was £300k from a guy worth over £100 million.

Gensola · 15/08/2022 20:26

@Chocbuttonsandredwine that’s not true - without a clean break order you can still be pursued for money by an ex spouse

sellthesizzle · 15/08/2022 20:28

If you've both re married then you're ok - if not you need a financial consent order signed or in theory he can claim for some of your inheritance .

Cocoatheclown · 15/08/2022 20:28

I had a 'clean break order' in my divorce for this reason.

You need to get legal advice about this.

blobby10 · 15/08/2022 20:32

My ex and I divorced amicably but were advised to get the financial settlement done and dusted before applying the the decree absolute as if either of us came into any money the other would be entitled to half x

Chocbuttonsandredwine · 15/08/2022 20:33

Presumed clean break was part of divorce?

Original poster
justusandmoo · 15/08/2022 20:44

Thanks all. We don't have a clean break order in place. I have the decree absolute etc but that's it. I'll contact a solicitor about this. My ex won't mind signing anything I don't think.

I did have to write a statement saying that the money I got from the house was all
I would claim. That wasn't through a solicitor though x

OP posts:
millymollymoomoo · 15/08/2022 23:17

Remarriage does not prevent a claim
it prevents the person remarried from pursuing spousal maintenance
it does not prevent the ex spouse pursuing capital
yiu really do need a final consent order

Flerp · 16/08/2022 18:26

This reply has been withdrawn

Withdrawn at poster's request

Fuuuuuckit · 16/08/2022 18:29

Chocbuttonsandredwine · 15/08/2022 19:07

If you are divorced then neither have a claim on whatever you Get now or in the future.

You could in theory go back if for example your ex hid millions from you and coerced you into a 50/50 but it would be long and costly:

same as if one of you win the lottery… it’s all that persons/

Wrong wrong wrong.

If you don't get the consent order as part of the divorce, then withe of you can come back after the other (unless one of you remarried, then that person can't make a claim).

If it really was/is that amicable and straightforward, just get it signed off. You've been divorced 4 years, unless you've been hiding millions it should be simple to do (and you're protecting your future too).

Bellsbeachwaves · 29/08/2022 22:04

You absolutely need a consent order x

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