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Does anybody know anything about navy redundancy settlements??

4 replies

marathonrunner · 12/04/2012 08:42

My ex-husband who I was married to for 5 years is due to be made redundant from the Navy in September. He will be receiving redundancy pay. As his ex-wife could I make any claim on this money??

I would only be doing this for our son, not because I hate his guts

OP posts:
mum47 · 12/04/2012 08:47

Hi, I only have experience of Scottish law but certainly in Scotland if you are already divorced, as opposed to separated, you cannot make a claim on any money (ie a lump sum) either of you receive after the divorce. A divorce is usually a clean break unless something otherwise has been agreed between you or ordered by the courts. (apart from child maintenance issues) I think child maintenance is usually based primarily on income ,so not sure how much him receiving a lump sum would affect your right to seek maintenance or an increase if you already receive it. Speak to a solicitor or the CAB and they will keep you right on English law. Good luck!

Collaborate · 12/04/2012 09:06

If you had a clean break financial order made at the time of the divorce, you can't reapply for capital for yourself. Under certain circumstances you might be able to appy for a lump sum under the children act, but he's being made redundant, not taken out and shot. He may well get another job, and your CSA maintenance will continue. This applies to E&W only.

marathonrunner · 12/04/2012 11:23

We are in England. No clean break order. However, on reflection, if I were to do it successfully then he may do it to me one day so maybe it's best to leave well alone.

OP posts:
Collaborate · 12/04/2012 11:36

If there is any unexplained delay in bringing a financial claim to the court that will count against you. Look at this case of Rossi:

www.bailii.org/ew/cases/EWHC/Fam/2006/1482.html

Probably best to leave well alone.

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