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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.

Assets and financial claim after divorce

9 replies

AmyJahabee · 07/04/2023 12:17

My friend was married to a guy she divorce online but got nothing as she didn’t understand she could ask for anything. This guy is 72years old. 4 houses no mortgage good pension and savings. Two adults kids from his previous relationship. Can my friend apply for anything like financial or asset now that they are divorce? Any advice will be appreciated

OP posts:
millymollymoomoo · 07/04/2023 12:39

If they’ve not had a final consent order then she could put in a claim yes

whether she’d be successful and what she’d be awarded is questionable, especially if not contributed to the ability to acquire said assets, didn’t damage her own earnings, no joint children.

how long were they married and how old is she ?

AmyJahabee · 07/04/2023 12:42

They were married for 10 years and she is 39

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AmyJahabee · 07/04/2023 12:53

@millymollymoomoo can she do the claim by herself or through solicitor and what is application process thanks

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Pixiedust1234 · 07/04/2023 12:58

She needs to see a solicitor first to find out if she is entitled to anything, even if she does the application by herself. Its normally easy if both sides agree but if one doesn't then she will probably need one.

She needs to check her papers to see if she signed off a financial consent order at the time of divorce.

TheVanguardSix · 07/04/2023 13:00

If she has a decree absolute, this will be difficult. And if it’s a clean break order, harder still.
What’s her final order say? She should have filed a form A after the decree nisi was issued in order to get a decent financial settlement. Anyway, she can get a free consultation with a few divorce solicitors and see what advice she’s given.

AmyJahabee · 07/04/2023 13:06

she does have a decree absulote but not a clean break order. She didn’t have any legal advice at the time and her ex just said do it online.

OP posts:
Luckydip1 · 07/04/2023 13:09

She may be entitled to 50-60% of their overall assets less debt, unless property held in a trust then more complicated, but should see a lawyer asap.

millymollymoomoo · 07/04/2023 14:04

I’d say unlikely she’d be entitled to that much personally

no dependent children, based on needs, she’s still young and can work for the next 20 years to support herself

she should see a solicitor for views on what a claim could look like . She can then do the turns herself online ( Googling will point her in the right direction)

BetterFuture1985 · 07/04/2023 17:37

She sounds like a gold digger. But the UK courts are quite generous to people like that unfortunately. I don't think she will get half; his earning capacity will be a lot lower as he is retirement age. She'll still be entitled to much more than she should be though.

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