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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My parter is really worried and we would like to understand

Customer Question

Hi - My parter is really worried and we would like to understand our legal stance. My partner divorced her ex around 3 years ago, he has since re-married. My partners dad has died and left her around 150k.
During their break up they never completed a 'clean break' financial agreement, he has the two children and my partner pays him via the CMS child maintenance.
He has not done yet, however suddenly out of the blue since the death of my ex's father he is now pursuing a clean break document.
Even though the clean break document only really states what have you got as marital assets and what do you have in your bank account this results in very little for my ex as probate as only just been granted on my partners fathers estate.
So in a nutshell - can my partners ex claim her inheritance once probate has completed and the assets turn into pounds. The reason I ask the question is when trying to research there is a number of articles which state once he has re-married he does not have any right. Please also note at the time of the divorce he earned around 80k per year compared to my partners 36k and she has already given assets such as a holiday villa they had between themselves.
Thanks in advance,
Mike
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Please do not be concerned. As her ex-husband has now remarried he can make no claim regarding finances.
However, if you or your partner have not married then she is still able to make a financial relief claim against him and this may be the reason her ex-husband is now seeking for a clean break order, as financial claims against her ex-husband will remain open until a clean break order or if your partner remarries.
In relation to the children and CMS payments - are the children in his care the majority of the time?
Please let me know if you have any further questions regarding this.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Harris - this was the conclusion that I came to with my partner, however another solicitor stated that basically it is irrelevant if he re-married and he continually pursues her for other monies such as he wants her to pay his divorce bill and some back maintenance on the villa they had - he does not really leave her alone with emails etc.. and threatens reporting her for various activities which are not grounded. With respect to the CMS, my partner has remained squeaky clean and submitted all income. The children are in his care the whole time due to varying circumstances they are older males and where deeply concerned for their fathers well being and have basically refused to see their mother. But there is a very complex story behind this as there are with a lot of breakups. Your answer was to the point and direct, hence 5 stars and a tip. Can I keep you offer open for the 57 incase there are further questions?
Expert:  Harris replied 1 year ago.
Of course - please update me if you have any further questions.
In relation to financial relief claims arising out of the marriage (eg. spousal maintenance, pension orders, lump sum payments etc) he cannot make a claim due to the remarriage. However, he may decide to issue civil proceedings in small claims court for divorce bills and maintenance of the villa - however unless the court has order costs against her or to be shared regarding the divorce, each party is liable for their own costs. Regarding the villa, if she has formally transferred this to him, then this is now his responsibility.

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