Financial order for divorce

[Lozgal24]

Hello

I just read another post and ended up down a rabbit hole. Divorced for some twelve or thirteen years now and remarried 7 years ago and now with two children. There are no children from my previous marriage.

I didn’t get a financial order in the divorce as I didn’t know I had to. It’s likely I’m now the more wealthy party, although it’s been over a decade since I last saw or heard from my ex. I know he is remarried and with two children through mutual friends. What can I do? Can he still get at my money? I don’t want my children to miss out financially. My will specifically says that no money should go to him. Does this protect me?

Did you divorce him, or did he divorce you?

Go and speak to a solicitor as I believe it varies in different countries.

I've always understood it that either side can claim (including any lottery wins etc) until the FO has been rubber stamped by the court which is why so many websites say get it done before applying for the absolute.

Assuming OP is in England or Wales, it isn't that simple. There are circumstances in which one or both parties can no longer claim, hence my question to OP.

In the absence of an answer to my question...

If you initiated the divorce, it is unlikely that he can make a claim for a full financial settlement as he has remarried. The only way he would be able to do so is if he submitted a Form A to initiate financial proceedings before he remarried, which is not impossible but would be surprising. However, he can still ask the courts to award him a slice of your pension.

If he initiated the divorce, it is more likely that he can make a claim. If he ticked the boxes saying he wanted to apply for a financial order when completing the form to start divorce proceedings, he can still ask for a full settlement.

If he is able to apply for a financial settlement, I'm afraid there is nothing you can do to stop it. However, the size of settlement he is likely to get will go down the longer he waits.

Thanks all. Apologies, I hadn’t realised I had notifications for this post!

I divorced him. We are UK based. He is remarried with two children, as am I. We were married for 1 year and filed for divorce after 9 months. Grounds of unreasonable behaviour, on his part. I have literally no clue where he lives or even what he does as a job and I’d imagine vice versa.

would he only be entitled to claim for the year we were married or for more siginificant funds. I don’t think he’ll do this but wanted to protect myself if he did. My will names him as most digital not being a beneficiary. I’ve not done anything else but want to protect my kids from any claims he might have, as I want it to go to them or my husband, not my ex.

As you divorced him and he has remarried, it is unlikely he can do anything more than claim a slice of your pension.

Thanks. And can I get an order put in place now?

If you ticked the boxes saying you wanted to apply for a financial order when you applied for the divorce, yes, you can get a full financial settlement. If not, the fact you have remarried means you no longer have any financial claims, but you may be able to get a settlement covering pensions. You need to see a solicitor.

Married for one year surely has a bearing here? I’m not an every but with a longer marriage there’s more to split. Plus the op presumably doesn’t know if ex has other money. So is it possible to do nothing? Just wondering.

It was a short marriage and he's remarried so unlikely he can claim much but you'd need to say whether he was the petitioner or respondent for the divorce. And it also depends on what box was ticked ref finances for the divorce

Yes, the fact they were only married for one year is significant. OP could do nothing and, in her position, that's probably what I would do.

We both filled out the financial
consent order form but I don’t know if it was processed. We requested a clean break (I went back to check this yesterday), where no money was exchanged and we each took out what we put into the marriage etc. I was in such a mess mental health wise when this happened and didn’t have the support of anyone else during the process and my memory of it all is patchy at best. I need to find my paperwork at my parent’s house, when I go next week. I don’t think we finalised the financial consent order, I’ve just got in contact with my lawyers, to find out what they have record of.
I’ve found where he lives from a background check, so I can send him any paperwork. He looks like he’s just moved into a £650000 house, so I think it’s likely he’s better off than I am. I want no part of that, just the security of knowing he won’t pop back up in my life at any time.

This maybe worth running past a solicitor. Without a financial order you are still legally bound to your EXH - it may come back to bite you. As you have both moved on the new partners income may come into play. BUT the marriage was only lasted a year. I would say it would try to be sure you understand exactly what you are legally bound to now and how you might be able to address this.

https://www.sadlercross.co.uk/2021/09/23/will-a-new-partner-affect-my-divorce-settlement/

@Lozgal24 In your first post you thought you were better off. Is this a can of worms not worth opening? I agree where there are vast differences and one person is on benefits and the other is a multi millionaire, there should be a fresh look but I would take advice.

I just want to make something clear here.

If you are the respondent in the divorce and you remarry you cannot apply for any financial remedy. this includes pension sharing orders.

The petitioner can apply after remarriage as the divorce petition itself counts as an application.

Whether you have jointly submitted an application for a consent order is unknown. If that application was submitted before he remarried then I can't be 100% sure but I think that would count as his appication.

You simply need to ask the court if the consent order was ever made.

I hate to disagree, but Matrimonial Causes Act 1973 Section 28(3) only prohibits a remarried partner from applying for a financial provision order or a property adjustment order. It was not amended to include pension sharing orders when these were introduced. I am not alone in believing that pension sharing orders are still possible after remarriage. See Explaining the remarriage trap | Weightmans and What is “The Remarriage Trap” and how to avoid it – Herrington Carmichael (herrington-carmichael.com).

Sorry you are quite correct. The blanket advice I give is not to remarry without first applying for financial remedy. A pension sharing order is only appropriate in a relatively small number of cases.