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Legal matters

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What’s the cost of getting a clean break if he won’t agree?

3 replies

SovereignLaura · 13/11/2022 09:11

I divorced my ex 10 years ago, he made it very difficult And wouldn’t agree to anything. In the end I just got the decree absolute but didn’t bother with the clean break order as I was fed up of fighting and couldn’t afford to take it through the courts. I’m now worried that when my inherit my parents houses and get my pension etc (prob in the next 10 years). He can claim half. How likely is this? I know he still won’t agree to sign a clean break, he has nothing I could claim on. How much could it cost to get a clean break order through the courts?
many thanks

OP posts:
prh47bridge · 13/11/2022 09:39

He may be able to make a claim, although he may not get half given that it has been 10 years since the divorce. You need to consult a solicitor to get some idea of costs.

Theunamedcat · 13/11/2022 09:43

He will have to pay to take you to court and prove he has been disadvantaged by it if he remarried he cannot claim

My ex husband is the same he is also engaged again so fingers crossed he marries this one he might try and claim off me however we have a child with special needs who is solely in my care hevwould have a hard time getting a judge to agree that his need is greater than mine

Plus my mom has left most of it to my daughter and my sister so there is nothing to claim for

prh47bridge · 13/11/2022 14:03

No, he doesn't have to prove that he has been disadvantaged. If there has been no financial settlement at the time of divorce, it is always open to either party to apply for one provided they haven't remarried and, in some circumstances, even if they have remarried. However, the passage of time reduces the viability of a claim.

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