Divorce with no financial order - remarrying

[Shamrock24]

I'm hoping someone here can help. I've search online but can't find an answer to my specific question.

I have been divorced 3 years. I didnt complete the financial order (I know thats not good). We still have a joint mortgage. I live in the house with 2 kids. I have paid the mortgage on my own for 4 years. He does not have contact with the kids.

I havent been able to buy him out yet as my mortgage provider says I cant afford it, despite me clearly affording it!

He is now engaged. I know if he gets married, he loses all rights to make a claim against my finances.

Does anyone know what impact this could have, if any, on the mortgage now or when I try to buy him out?

Thank you.

You need legal advice OP

What orders have been made?

Do you have the Final Order?

Read the OP. There is no financial order.

@Shamrock24 - him remarrying will have no effect at all on the mortgage, nor will it make any difference to buying him out. You will still own the house jointly with him and have a joint mortgage with him. In the absence of a financial order, the assumption is that you are each entitled to 50% of the equity in the property. However, it is possible you may be entitled to more. You really need to get a financial order sorted out.

Don’t be a dick. How about that

Final order done but no financial order.

I know it should be done but there was a lot of reasons why this has been put aside. He's manipulative and will do everything he can to take everything from us. I'm currently on a ridiculously good fixed rate and it makes sense for me to stay and keep paying a lower mortgage rather than pay thousands on legal fees and then be forced to sell and end up not being able to afford somewhere new.

I had heard that being remarried will go against him in terms of the share of equity as his new partners income would be taken in to consideration. He also wouldnt be able to make a claim against any of my other finances as he would lose that right when he remarried, so I just wondered if anyone has gone through anything similar.

I really want to get it sorted but it's hard standing up to someone who bullied you for years. I havent spoken to him in years and I'm scared of starting this now.

You have ended the marriage but not the financial liability you both have. If you won the lottery he would potentially be able to share in the windfall.

I would suggest you get this resolved before he marries as potentially he may be keener to get it resolved. If your ex gives you the equity in the house can you afford the mortgage? This will be based on multiples of salary at a stress test level, which I think is at 6% interest rates.

See an independent mortgage advisor.

If you have no agreement with him on equity split and house is jointly owned he will be a beneficiary for the increase in equity, despite you paying the mortgage solely. Did you get the house valued and documented at the time of the separation?

If something happened to you, do you want him to take over ownership of the house? Legally its likely, depending on how the house is owned and if you have a will.

To be honest, if he instigated getting this sorted then I'd be ok with that. I tried a couple of years ago and he was just being silly. Not replying to my solicitors for weeks, then refusing to agree but also refusing to make any counter offers or anything. He was basically just trying to increase my fees with solicitors. I thought we made a very fair offer but he just wasnt interested.

My solicitor then said due to his behaviour, we'd have to go to court and quoted me approx £15-£25k in legal fees!

If he wants to start the process then I'd be happy to oblige. Once hes married, hes only got a claim to the house, nothing else and it wouldnt matter if I won the lottery. I'd much rather cut all ties though.

YOu need to finalise your financial order. It's probably the single most important financial decision you'll ever make. Just get it done.

I understand this but I cant buy him out and I cant physically afford to buy somewhere else or pay rent. I cant afford legal fees either.

How do I do this when this is the case??

Without a financial order you have no idea how much you have to pay him to buy him out. It may be a lot less than 50% of the equity in the house. It may even be nothing at all.

You really can't afford not to get this sorted. At least see a solicitor and get some advice on what a financial settlement is likely to look like.

I think you are living in cloud cuckoo land if you think him getting married means he can make no claim against you. I know someone who divorced, they sold everything and split it between them (no financial order), she bought a house, her mum paid for an extension. Husband came for some of her house and got it!

I’m not in cloud cuckoo land. Legally, remarrying means you can no longer make a claim against your ex for any financial gain. That is law and is a fact. I know the house is separate because he’s on the mortgage and I was just asking if anyone has been through court in a the same situation.

Your example is completely different because they didn’t remarry. I already know he can’t make a claim against my income or any inheritance etc once he remarries. That’s a fact.

OP is correct that remarrying stops a divorcee making any financial claims against their ex unless they have already started a claim, e.g. by ticking the appropriate box on the form applying for a divorce.