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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.

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Financial settlement - arecypu divorced without it

7 replies

Rockofblue · 05/12/2024 20:29

Partner divorced and I have seen papers from court with undertakings and decree absolute signed. But in them judge wanted partners financial situation looked at. Partner didn't pursue that he was only interested in access to children which he was awarded 50/50. He wanted kids to stay in home he largely built and paid for now worth 3/4 million since 20 yrs since.
Wondering
A) is he actually divorced without financial settlement.
B) now kids adults can he revisit financial side
He probably won't as frightened of ex and losing contact with kids if they side with mother.
C) If we split up (not married house mine he pays no bills) woukd he or his kids have clsim on my estate which is willed to my children

OP posts:
LadyTiredWinterBottom2 · 05/12/2024 21:03

It's not your home if it's in both your names so you cant gift it. It's not yours.

You need to get a financial agreement in place. The judge hasn't said that for no reason.

Rockofblue · 05/12/2024 21:42

To clarify. Judge said that in papers between partner and his ex.
My house is all in my name including all bills and I pay mortgage. Bought ling before we met.

OP posts:
KimMumsnet · 06/12/2024 11:46

Hi, OP. Hope you don't mind us popping our head round the door to let you know about this AMA we're doing on Monday:
https://www.mumsnet.com/talk/AMA/5224878-ama-on-divorce-financial-separation-and-co-parenting-with-amanda-bell

Might be useful if you have anything you need to ask!

We’re pleased to announce that Amanda Bell, Co-Founder of affordable divorce platform SeparateSpace, will be doing an AMA this Monday (9th December) covering divorce, financial separation and co-parenting.
Before founding SeparateSpace, Amanda was a Legal 500 recommended family lawyer at a market leading London law firm. She helped hundreds of clients sort out their finances and parenting arrangements following separation. Amanda now leads SeparateSpace - an online platform created by experts across law, finance, therapy and psychology to provide affordable support through divorce

SeparateSpace

SeparateSpace. A faster, cheaper etc

http://www.separatespace.co.uk/

Mooselooseinmyhoose · 06/12/2024 17:24

They are divorced in the sense of not married and can marry again. But if there was never a financial order either by consent or ordered by court after contested proceedings then financial links are not severed and either party could apply for a financial order.

DancingFerret · 06/12/2024 17:48

Rockofblue · 05/12/2024 20:29

Partner divorced and I have seen papers from court with undertakings and decree absolute signed. But in them judge wanted partners financial situation looked at. Partner didn't pursue that he was only interested in access to children which he was awarded 50/50. He wanted kids to stay in home he largely built and paid for now worth 3/4 million since 20 yrs since.
Wondering
A) is he actually divorced without financial settlement.
B) now kids adults can he revisit financial side
He probably won't as frightened of ex and losing contact with kids if they side with mother.
C) If we split up (not married house mine he pays no bills) woukd he or his kids have clsim on my estate which is willed to my children

A) Yes, it's possible to be divorced without a financial settlement, but definitely not advisable.

B) It's open to either him or his former wife to apply for a Financial Order. If the children are now adults they can make up their own minds as to whether or not they continue to see him.

C) As you are not married, he would not be able to contest your Will and neither would his children. It's worth noting only adult children being supported by their parents at the time of the parent's death would have any chance of successfully challenging their deceased parent's Will.

D) It's possible, but not probable, your partner could claim some sort of compensation from you if he can prove he contributed to the value of your house, e.g., by paying for a new kitchen, bathroom, or some other substantial improvement.

Rockofblue · 06/12/2024 17:51

Thankyou. No I have resisted firmly any contribution beyond sharing food bill and a calculated contribution to utilities which is irregular. I am fortunate to be able to be financially independent.

OP posts:
shizgigz · 06/12/2024 20:22

In in same boat - divorced not settlement not signed off. Can't face dragging it all up again

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