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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 856
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Your colleague Clare was very helpful last year in advising

Resolved Question:

Your colleague Clare was very helpful last year in advising me on the technicalities of divorce law. There were no issues over children, property or money during the divorce procedure. I have just applied for a Decree Absolute. A friend has inquired if I have requested a 'Consent Order' to prevent my ex from making financial claims against me in the future, something of which I was not aware. My question(s) are:
Am I able to apply for a 'Consent Order' post-Absolute?
In what circumstances could an ex claim against a later inheritance?
If I remarry and my new wife inherits money or property could my ex claim against this?
Thank you for your assistance
Robert Germaine -***@******.***
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I am in the middle of asking a divorce question being handled by Kasare and have agreed to paying the deposit of £26.
I have given my email address for communication but I am concerned that I am being asked to supply my password ! This was not requested when I last had an exchange of emails with your colleague and this is not needed to communicate by email so I have no intention of compromising my privacy in this way. Please clarify before continuing with this or processing my payment. RG
Customer: replied 1 year ago.
I have asked for a pause on my communication being concerned about a request for my password. Was this a request for my email password ***** an internal password ***** simply connects me to your services? If the latter then I do not have such a password ***** could create one if directed how. Thanks RG ***@******.***
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Do you still need help in relation to a consent order?
Please let me know if you are both agreeing not to make any financial claims?
Kind Regards
Caroline
Customer: replied 1 year ago.
Caroline: There have been no financial claims so far during the divorce process but my questions relate to any future claims that could be made post-Absolute and I would like to have a professional opinion regarding those questions I have raised.
Thank youRobert
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Robert
Thank you for your response.
Under the current case law - ex spouses (even after Decree Absolute) can still make a claim in relation to the matrimonial finances. There have been numerous cases when ex spouses have made claims decades after the marriage ended and these claims have been entertained by the courts if the financial matters haven't previously been resolved.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your ex need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc. Everything is included in disclosure.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval. This can still be submitted even though Decree Absolute had been pronounced. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future. This normally doesn't cost more than a couple of hours work. The court fee is £50 for submitting a consent order.
If you don't think there are any matrimonial assets and that this doesn't therefore apply to you - think again. If you were to inherit or even win the lottery and you haven't dealt with matters - then you ex can can claim.
If you each want to go your own separate ways - propose a clean break consent order - to ensure you know that you can't face a claim in the future. If agreed - send it to the court for approval with a completed Statement of Information Form.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received. Please note that we receive no credit for our work and we do not get paid unless positive feedback is received.
Expert:  ukfamilysolicitor replied 1 year ago.
I would be grateful if you could kindly rate my answer.
Customer: replied 1 year ago.
Hello Caroline. I sent a reply yesterday the 23rd with further points to clarify but have had no response. In order to complete my enquiries and so that you can receive your payments I repeat my note below which may have gone astray:
Thank you for your explanation re the working of 'Consent Orders'. As my finances are very low at present I have downloaded all of the needed forms to complete myself (Consent Order; Form A; D18; Statement of Intention; etc There are just a few points that you could clarify for me before I sign off: (1) Most clauses concern the division of assets but when submitting my Petition in April I made no application for a Financial Order and there were no property or children issues. This is still our position and we just want a clean break. So do I still include these forms in my submission and just write "Not applicable - No children/ No pension sharing/ No insurance policies"/ etc? (2) I live on the IOW but my ex lives in N.Ireland so may I send a copy of my completed forms to her solicitor, requesting a copy of her forms, before submitting these to the Court? What if my ex does not cooperate and fails to submit her forms? (3) Due to my being a recipient of Guaranteed Pension Credit I was granted a Remission of all court fees in April, will the same apply when I submit these papers to the Court? If you are able to claify these points also I will be happy to give you a 5-star recommendation for your service . Thank you. Best wishes. Robert
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
I can't see your message from yesterday - sorry it's not showing in the thread.
If your both content with a clean break then you don't need to issue for full financial proceedings - you both need to complete the Statement of Information Form ( Form d81) and submit it with a Clean Break Consent Order. There are quite a few services that sell template clean consent orders online. Although it is worth getting a solicitor to prepare one for you - normally takes no more than an hour or so work - so you could ring around and get a quote.
If your ex won't complete both forms then you would need to start proceedings by issuing Form A and asking for a clean break.
If there are no pensions and children then you can simply write 'not applicable' for those questions.
You complete your part of the forms - send them to your wife so she can complete her sections on the same forms. Then send these to the court under your divorce reference with a fee of £50.
Fee Remission form is ex160 - you would be applying for a full remission based on you receiving guaranteed pension credit - you will qualify as long as your savings are over their limit - see this guidance -
http://www.familylawquestions.co.uk/resources/Materials/ex160a.pdf
Kind Regards ***** ***** the best
Caroline
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