Divorce & Finances: We have settled our finances… can my ex claim more from me?

You may find yourself in a position where you have issued divorce proceedings and reached a financial agreement with your ex-spouse. You might have acted upon that agreement in good faith and presume that matters are now concluded. Great news, you’ve avoided legal costs and you can move on with your life, safe in the knowledge that your ex can’t make any further claims against your finances, right?

Unfortunately, that is wrong.

Why? 

If you fail to obtain a Court Order dismissing all claims between you and your ex-spouse (referred to as a Clean Break Order) then financial claims between you and your ex-spouse remain live, forever. That means in life, and death.

Not to worry…my ex has told me they won’t pursue any further claims!

That might be so now, but you cannot guarantee they won’t change their mind.

It may be that your ex-spouse just wants a “second bite of the cherry” and decides to issue court proceedings.

It may be there is a favourable financial change in your circumstances. Perhaps an inheritance, a pension lump sum, a business takeover, or an increase in your income through work, and your ex-spouse feels they are entitled to benefit from the change in circumstances.

Perhaps there has been an unfavourable change in your ex-spouse’s financial circumstances through bad luck or bad judgement (perhaps they have lost their job, or their business has collapsed, or they can no longer work because of illness).

In any of the above scenarios if you don’t have an approved Court Order, your ex-spouse can make a claim against you for Financial Remedy.

Unfortunately, these scenarios can and do happen, regularly.

So, how do I protect myself?

The simple answer is, obtain a Court Order dismissing those claims. Indeed, the agreement you reached will only become binding when it is placed before the Court, approved by a Judge, and encompassed in a Court Order. The good news is, save for exceptional circumstances, an approved Order cannot be revisited, though it can be enforced if one party fails to adhere to its terms.

How can we help you?

As solicitors, we are here to help and assist you.

We have undertaken years of training and practice to ensure that you receive solid, competent legal advice.  We can advise on:

• The family home

• Savings

• Shares

• Inheritance

• Pensions

• Business and business assets

• Trusts

• Income from any source

We can help you obtain the Court Order you need, which will include a clean break. This will place you in the best possible position for your future financial planning and protection. Only then do you have any piece of mind that it is “over”, all ties are severed, and you can move on without further worry.

Lawson-West Solicitors act for clients not just within Leicestershire but across England, Wales and indeed across the world. 

We offer a face-to-face, or remote, initial consultation for £225 inclusive of VAT, so that we can discuss your case and advise you on the best way forward.

Please feel free to telephone our offices on 0116 212 1000. We are ready and waiting to help.

 

 

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