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Relationships

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Has anyone made financial claim years after divorce?

6 replies

tachehag · 17/09/2014 13:56

I divorced 4 years ago after several years of separation. I was unmotivated by the process at the time and just signed the few things that came my way. We had sold the MH before the final divorce and more or less divided the equity (which wasn't much). Also ExH pays child maintenance.

We never did a financial settlement form and I have realised that in theory I could still go after half his assets. He has remarried. He doesn't have a house but he does have a pension and a salary. Has anyone done this? Would it be expensive/involve a lawyer? Would I be likely to get anything?

OP posts:
tachehag · 17/09/2014 14:12

Bump

OP posts:
JustDontWantToSay · 17/09/2014 14:33

It absolutely depends what you signed at the time and I strongly suspect that you would have signed a document giving up all rights to his income/estate.

Also not sure on the ethics of this?? Why would you feel justified to go after his salary/pension?

newbieman1978 · 17/09/2014 14:40

I'm no expert but I presume you'd have to prove that assets were hidden at the time of your settlement. If this were the case I guess it would be some sort of fraud.

Going by what you say though at the time you were happy with the settlement (or unmotivated as you say)....In this case I think the divorce is the end of the matter.

I think you may have had your day as they say on claims to your ex's assets.

tachehag · 17/09/2014 14:43

I don't think we signed any settlement -- just did the nisi and then absolute.

Would we have to have done a settlement?

OP posts:
WellWhoKnew · 17/09/2014 14:47

I'm not a solicitor, but my understanding is:

You can't go after half his salary, for that you'd have to apply for a Spousal Maintenance Suit/Periodical Payments, (cost around 3K). Given you've been independent from him for a long time, and it sounds like quite a short marriage, I would have thought that's a non starter.

If he's paying CM, then you can check he is paying the correct amount.

In theory, you could go after half his assets and for some (but not necessarily half) of his pension for the duration of your marriage and co-habiting relationship if you feel you did not get your fair share.

However, a reasonable person would ask "Why now?" and a defence could be 'it was agreed at the time' and they'd have to prove it was/wasn't.

If you didn't have legal advice at the time, then it would help your situation.

Yes, it would be expensive (around 5 - 10k) so you'd have to stand to gain more than 6 - 11K for it to be worthwhile if you do it with a solicitor.

You'd also have to balance it again what it might do to your relationship with him, and also he with your child, and the fact that going to court is stressful.

If I were you, I'd speak to a solicitor and tell them what happened, and they can let you know your chances of success. Most solicitors do a free half hour or so.

AmyJahabee · 09/04/2023 09:03

@tachehag did you go through with this as I know a friend who is in the same situation. Let me know. Thanks

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