Clean break contact/ financial settlement

[Domestic1980]

Ok here goes….
I have been divorced 16 years, I have been re married for 14 years.
when I divorced my first husband who was mentally abusive the divorce was a nightmare he refused to sign answer any letters ect eventually the court granted me a divorce without anything from him as he refused.
he spent years tormenting me, turning up at my house trying to turn out son against me, threatening my new husband.
because the divorce was a nightmare and I was much younger I clean break or financial contract as far as I know was never done.
i was left with anxiety after the trauma and I have recently read about someone who made a claim against there ex wife financially years after divorce.
other than the house I half own I have no savings ect but I’m worried that he could make a claim against me…. He would do it out of spite if nothing else.
I now have no contact with him nor does my adult son.
he never paid maintenance and as I had moved out of the marital home with the children he stayed in the house and never paid the mortgage so it got repossessed again out of spite so I would get nothing.
I want to make sure he can’t claim against me but the thought of been in contact with him fills me with absolute fear as I know it will start the cycle all over again.
he has never re married.
is there any way round this? I know that if I broach this with him it will give him ideas.
i have read that both of you need to sign but I know he will make it a nightmare.
any advise would be appreciated.

If there was an order settling the finances, he cannot make any claims now. If there was no order, he can make a claim against you. The only way to stop that is to get a financial settlement. However, as you have remarried, you may not be able to do so. You need to see a solicitor.

pretty sure he cant claim against you being as you are re married

Remarrying before resolving the finances
Meaning either of you could make a financial claim against the other at any time in the future. However, if you remarry before resolving the finances, you may be prevented from making a financial claim in the future. This is known as the remarriage trap.

Completely wrong I'm afraid. The fact the OP has remarried may mean she cannot make a claim against him. It does not stop him making a claim against her. He has not remarried so, unless there is a financial order in place, he can make a claim at any time.

Have you got any assetts he may try to get his hands on?

@RedHelenB only the house I live in

@prh47bridge is spot on. What about pension. Do you have one?

If he did try to make a claim, he would have to declare all his assets. They would go into the pot to be divided between you. It wouldn't just be about your house. His behaviour in not paying the mortgage would also be taken into account.

As you have been divorced 16 years, it is unlikely he would get much if he made a financial claim, and there is a good chance he would get nothing at all. In all honesty, it is unlikely he will make a claim, but if you want certainty you will need to consult a solicitor to see if you are still able to make a financial claim.

OP - you can almost certainly apply for an order against him as it is almost certain that in your petition you included a prayer for financial orders.

I would just leave it. He wouldn’t get anything even if he applied against you (unless perhaps you are a multi-millionaire and he is in desperate need). As you say, to raise it with him now is only likely to give him ideas.

Sending you a big hug and support. I have a similar ex and am looking to get out of repossession proceedings he is in as a way to punish me. I would love to find a good solicitor to help.