A divorce means that my ex can’t make a financial claim against me … right?
A divorce by itself does not mean that an ex-spouse cannot make a financial claim against the other party provided he/she has not remarried before making the claim. The key to preventing such a claim, post-divorce, is to obtain a financial clean break from the Court. This should be done at the time of the divorce, if at all possible. If the parties agree then this can be done in the form of a Consent Order, otherwise the Court can impose a clean break order upon the parties, if it is considered appropriate to do so.
It is understandable that people who are going through the trauma of separation and divorce want to breathe a sigh of relief when they get their Decree Absolute and think to themselves “I’ll just leave the finances for a bit” if there is nothing immediate, like a house or pension, to sort out. However, be warned, the Supreme Court recently allowed an ex-wife to claim against her millionaire ex-husband some 23 years after divorce. In that case neither party sought a clean break at the time of the divorce meaning that the ex-wife could pursue her claim, despite the long period of time that had elapsed. In that case the Court must still decide on the level of the ex-wife’s financial award (which will doubtless take into account the delay), however the cost, stress and aggravation for all concerned is no doubt taking its toll and could have been prevented.
So the clear message from this is act now, belt and braces, then move on with confidence that your affairs are in order.
If you are currently going through a divorce or are thinking about a separation, Vines Legal are here to help. Please contact us today on 01246 555 610 to take advantage of our free 30 minute consultation with one our experienced legal professionals.
By Claire Clark on 16 Mar 2015, 11:27 AM