Q: My long time wife and I divorced nine years ago. We agreed on the divorce as we both realised we no longer loved each other. As we agreed we did not instruct solicitors, just paid the Court fee, did everything else ourselves and then went our separate ways. I now live with a new partner and we intend to buy a property together. As we didn’t deal with finances when we got divorced, can my ex-wife claim against my assets?
A: Most people are unaware that divorce and finances (although inextricably linked) are two separate issues and divorce does not necessarily prevent parties from claiming against each other’s finances in the future. Generally, it is advisable to deal with finances, including property and pensions, before decree absolute is granted.
If financial matters are agreed, it is best to have them recorded in a ‘consent order’ which is then sent to the Court for approval by a Judge. If financial matters are not agreed, an application for a Financial Order can be made. The Court when deciding what Order to make will give consideration to all the circumstances of your case, with first consideration being given to any child under eighteen. The Court will also look at differences in your earning capacity and both your needs, your previous standard of living, your ages and any contribution either of you made to the marriage. It is advisable that you do sort out the financial situation between you and your ex-wife so a Clean Break can be Ordered, ensuring there can be no future claims between you in life or against your estate should you die. Without a clean break your ex-wife can in theory re-open a claim against you in the future. You should seek urgent advice from an experienced family lawyer