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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
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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I have been divorced few years now and my Ex husband

Resolved Question:

Hi I have been divorced for a few years now and my Ex husband is about to remarry. out of the blue he wants a clean break settlement. I have looked into this and from what i have read, this will only benefit him, as when he remarries he will loose all claim to any of my fortune. But he has come back to me and said that as he petitioned the divorce and ticked the boxs at the end(what ever that means)he does not loose the right to claim once remarried. I feel he is putting me in a corner because he knows it will only benefit him as i am not remarried.
Regards
Kerina
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.
What assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.
Hi Clare
Since divorcing I have bought a council property, which I paid £92000.00 for. I have debts up to twenty thousand pounds, my income is £28000. My Ex does not have no assets and I do not know how much in debt he is. Her earns around about 24000. Since messaging you, my ex husband has text me threatening to take me to court or am I interested in mediation. I feel he is trying back me into a corner to get what he wants. Can he take me to court if I am not interested in a clean break settlement?
Thanks
Kerina Barzoukas
Expert:  Clare replied 2 years ago.
Hi
May I ask why you wish to keep your claims open?
Clare
Customer: replied 2 years ago.
No reason. I just dont want to be pushed into doing something i no nothing about . Thats why i have asked ur advice
Thanks
kerina
Expert:  Clare replied 2 years ago.
Hi
Once he has remarried he does indeed lose any financial claim on you in respect of spouse maintenance or any assets not held in joint names - this is the case no matter how many boxes he has ticked.
He can apply to the court for the finances to be dealt with in order to achieve a Clean Break Order - and if he does do so then it is worth your agreeing to it - but there is no need to do so at this stage.
Please ask if you need further details
Clare
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