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Unsealed consent order/property - advice needed

10 replies

NameChangingNellie · 01/02/2021 00:36

Person A and Person B were married for 20 years with several DC ranging from 3-18 at the time. B has multiple affairs, A files for divorce, which is granted. Consent order sets out payments B should make, but is never sealed as B could not/would not prove they had sought legal advice. Unsure as to why this was never followed up on.

10+ years have passed and in this time B has never paid a single penny towards the home or maintenance for DC. A was the resident parent and the DC have had little contact for the majority of the time and are mostly NC. A put up the deposit for the property but it is held as joint tenants with both names on the mortgage too.

Person B now wants a significant sum of money in return for their "claim" on the property

Are they entitled to anything?
If so, would the 10+ years of missed payments in the unsealed consent order be offset against it?

Will be trying to get proper legal advice but if anyone has experienced/has knowledge of a similar scenario it would be a huge help as to whether to go any further.

Thanks for getting this far

OP posts:
MarieG10 · 01/02/2021 04:10

There are a couple of contributors on here who are solicitors. I think you have to look at it that you don't have a consent order so you are like anyone who has divorced but not got a financial settlement.

It could be a little messy given 10 years have passed but will need sorting out as unless one he remarries you do not have a clean break financially.

NameChangingNellie · 01/02/2021 09:40

Thanks for the reply @MarieG10 - what's the significance of him remarrying? Not a year goes by that he doesn't have several women of which he calls "wife" or "fiancée" pretty sure the count must be 10+ by now. How many of them are wife in the legal sense I have no idea though.

I will do some research on financial break - thank you
I just want to ensure that I am using the time with solicitor as efficiently as possible as I don't have endless funds to fight this.

OP posts:
MarieG10 · 01/02/2021 09:48

Remarriage generally removes his right to make a claim against you for a financial settlement. It has to be a legally recognised marriage though.

You really need advice as he still retains that right to claim so should you have any substantial assets including a pension he could make a claim (doesn't mean it will be successful). Receiving an inheritance is such an example

This may help you www.birketts.co.uk/insights/legal-updates/the-remarriage-trap

Ariela · 01/02/2021 10:39

I think you need to do some digging and see if he has remarried in that time.

Familylawsolicitor · 01/02/2021 11:14

This reply has been deleted

Message withdrawn at poster's request.

NameChangingNellie · 01/02/2021 12:54

Thank you all. He doesn't have a pot to piss in (and never has). Contribution during the marriage was minimal, and as mentioned in the OP, literally nothing since. Will have to get SHL, and the old correspondence, as suggested here.

If he has remarried but that marriage has also broken down, does it still invalidate any financial claims from my pot? Iyswim?

I'll update once I've spoken to solicitor and gather some of the previous documentation.

Really appreciate the guidance

OP posts:
MarieG10 · 01/02/2021 15:26

If he has remarried and divorced it matters not. Any claim is against is new ex wife.

Suggest you read this, although I accept you are not a millionaire, the principal is the same

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

Familylawsolicitor · 01/02/2021 18:40

This reply has been deleted

Message withdrawn at poster's request.

RedHelenB · 02/02/2021 11:28

As the house is joint though he will very likely be entitled to half the equity given your child is now 22 and he has no money.

NameChangingNellie · 02/02/2021 20:07

Thank you everyone. Had an initial call with solicitor today.

Consent order needs to be revised, and as stated here, I somehow need to find out if he has in fact remarried (though this may have happened abroad so might be tricky).

I'm still unclear as to whether the fact he has never contributed to the property and didn't provide for his children via maintenance or otherwise will be taken into account in awarding a settlement.

OP posts:
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