Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

I have a decree absolute, and financial settlement all done and dusted - can he go after my new house?

9 replies

Redandyellowbits · 29/08/2018 11:51

After a horrendous divorce from financially abusive exh, we were finally divorced in Dec last year. Financials were settled with a court order which has all now been implemented. Decree absolute is done.

I have just bought a new house - do I need to protect myself from him in any way? Can he have any claim to this at all?

My heart tells me he cannot but what paperwork do I need to check this?

OP posts:
KanielOutis · 29/08/2018 11:53

No, he can't come after your house. You are free now. Enjoy your new home.

Collaborate · 29/08/2018 13:55

Assuming you got a clean break, he can’t come after you for anything. If you have children with him make sure you make a will. In your will you can appoint trustees to manage whatever your children inherit (thereby making sure it’s not him).

worridmum · 29/08/2018 22:17

Even with a clean break he might be able to set aside the judgement if you bought your house with money you had hidden before the divorce. (aka you claimed you had no money but had hidden a sizeable amount of money which you then used to buy said house = the clean break would not protect you as you had lied in court)

Other then that you are home free he will have no claim on your new house and you would not need to do anything.

Not saying you did just pointing out the only time a clean break can be set aside.

MissedTheBoatAgain · 30/08/2018 01:23

thereby making sure it’s not him

My Consent Order was worded in such manner that neither Party has any future claims on the other with respect to Property or Pensions.

When Decree Absolute was issued it was worded to the effect that the former spouse was deemed to have died on same day as date of the Absolute with respect to Wills. Quite aggressive wording I thought.

So on the surface all seems to be water tight. However, to be sure I think I get a new Will drawn up as who knows how the Laws might change in the future?

Redandyellowbits · 30/08/2018 10:29

My consent order is a clean break, as it states:

Except as provided by this order the parties' respective claims for periodical payments orders secured periodical payments orders, lump sum orders, property adjustment orders, pension sharing orders and pension attachment orders shall be dismissed, and they shall not be entitled to make any further application in relation to the marriage for an order under the Matrimonial Causes Act 1973 section 23(l)(a) or (b) amended or extended.

The house was paid for mostly from proceeds of him buying me out of the family home and then my dad lending me money, and a great big mortgage. I didn't hide any of this, it wasn't applicable during the divorce. I have paperwork/bank statements for this all. The judge did remark in court that he was aggressively pursuing funds from a woman who has nothing, just to let you know what he is like.

Thinking out loud - he hid great swathes of cash (claiming his best friend needed a massive loan and has now disappeared off the face of the earth, etc), and so I guess he wouldn't want to reopen that can of worms either.

I am so annoyed to still be scared of him 4 years after leaving him.

When Decree Absolute was issued it was worded to the effect that the former spouse was deemed to have died on same day as date of the Absolute with respect to Wills. Quite aggressive wording I thought

Mine has similar wording.

ExH will need to know soon enough about the new house as me and DC are planning to move in soon, it just makes me so nervous sharing any information with him.

OP posts:
prh47bridge · 30/08/2018 13:25

When Decree Absolute was issued it was worded to the effect that the former spouse was deemed to have died on same day as date of the Absolute with respect to Wills. Quite aggressive wording I thought.

That is standard wording.

he hid great swathes of cash

If you can prove that you could potentially go after him for more money. As you made a full disclosure he can't come after you.

Redandyellowbits · 30/08/2018 13:42

If you can prove that you could potentially go after him for more money. As you made a full disclosure he can't come after you.

Thank you so much. I think this was the reassurance I was looking for. I did disclose everything, I am not entirely sure what I am worried about except that he is just a horrible and ruthless man.

I have no intention of going after his cash, I just want him to leave us all alone and not further disadvantage us, financially or otherwise.

OP posts:
MrsBertBibby · 31/08/2018 09:26

Collaborate's point about a will is to ensure he doesn't get his hands on your children's inheritance should you die. As he doesn't sound like he would be a good steward.

Xenia · 01/09/2018 17:01

Good points above. I paid for my ex husband's new will when we divorced although of course he could change it the day after. Also he would be the first port of call if you died to look after them so whilst I had a letter of wishes saying otherwise it was not legally binding. A will is a good idea.

"ExH will need to know soon enough about the new house as me and DC are planning to move in soon". Does he? (My ex still has a key with my consent but in most cases do they really even have to know the address? Some people keep it hidden and you could do drop offs of children eg from school.

New posts on this thread. Refresh page