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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33826
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can an ex wife pursue me for a further capital lump sum almost

Customer Question

Can an ex wife pursue me for a further capital lump sum almost after 20years of the settlement being paid but no consent form or does time barred come into effect, the decree absolute was in May 2001
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has she remarried and what is her current financial position?
Clare
Customer: replied 2 years ago.
She has not remarried but lives with the guy she left for since 1994.
We married in 1974 and I took a pension out in 1987 the decree absolute was granted in 2001. I have remarried and have 2 children. She will be 60 this December and is working.
Thank you
Expert:  Clare replied 2 years ago.
Hi
Are there any assets held in joint names still?
What assets do you fear she may claim?
Clare
Customer: replied 2 years ago.

Hi Clare


no assets are held in joint names and a settlement of £20,000 was paid as her equal share in the equity of the marital home. She is now asking for a further £10,000 as final settlement. My solicitor at the time has now merged with 2 other firms and no longer has any documents regarding this matter but his opinion is the equity share was the final settlement, she refutes this and says for 10k she will forego any pension claim but the pension is very minimal and wouldn't add up to this amount if she is entitled to any at all.


An online forum solicitor suggested that 6years after the decree absolute the case would be stuck out as it mirrors Vince v Wyatt 2013 due to barred time of almost 20 years.

Expert:  Clare replied 2 years ago.
Hi
So she is trying to claim in respect of your pension?
Clare
Customer: replied 2 years ago.

Hi

She says she remember the marriage assets comprising of the former matrimonial home and my pension! but proposes that if i pay her £10k lump sum in exchange any claim on my pension she will regard this a final settlement. As i said my old solicitor and myself have no paperwork of what she claims to remember and i have asked her solicitor to provide any such papers which have yet to turn up!! This pension is minimal, I have already taken 25% totalling approx £6,500 and only adds up to £26,000 which gives me approx £600 per annum.

 

Sorry in short yes but if i pay her 10k she will forego any pension claim

Expert:  Clare replied 2 years ago.
Hi David
Frankly I think you can afford to ignore her.
Since Decree Absolute was so many years ago a Pension Sharing Order cannot now be made anyway.
The Pension itself is not large - and her claim would be half of 14 years worth at very best - so modest to say the least
It is highly unlikely that you would have to pay her spouse maintenance - and she appears to accept that she received some monies for the house
Coupled with the delay and the relevant case law her chances of success are remote in the extreme
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33826
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Clare


Thank you for you advice Smile

Expert:  Clare replied 2 years ago.
Hi
You are most welcome
Clare

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