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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33506
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 divorced in 2007 having separated in 2002; and have the decree

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I divorced in 2007 having separated in 2002; and have the decree absolute.
We both agreed a financial arrangement without a consent order which I have honoured- giving her most of the assets (3 properties at the time) and a very generous maintenance (far in excess of the CSA calculations) for child support and their education.
I subsequently was made bankrupt in 2007; discharged in 2010 but maintained my financial arrangements despite the hardship.
My children are now 23 and 18 and have completed their education.
I am planning to get married in 4 months and my new wife is concerned that my ex may make a claim against her and asked me to obtain a clean break consent order. My ex-wife will not do this as she does not want to disclose her assets now; although I have disclosed mine on a form D81 which I gave to her to sign. She has said in writing/email that she not look to any future claims and will provide an affidavit; but is adamant that she will not complete the consent order.
Do I need to worry -
1. that she will make any future claims either against my assets which I have worked hard to re-build
2. make claims against my new wife
3. my mother is 80 and also does not want her making any claims on my inheritance when the time comes.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is Clare I shall do my best to help you but I need some further information first.For clarity I assume that your ex does not want YOU to know what her current financial circumstances are?Clare
Customer: replied 1 year ago.
Yes
Customer: replied 1 year ago.
Do you need more information ?
Customer: replied 1 year ago.
Still waiting ??
Expert:  Clare replied 1 year ago.
Hi
Do you think that she would be willing to go ahead with the Clean Break if she could send her details to the court herself?
Clare
Customer: replied 1 year ago.
Unlikely - she does not want anyone to know her finances ..
Expert:  Clare replied 1 year ago.
That is a shame as the obvious solution would have been to allow her to send the paperwork to the court herself without your seeing her D81.It has to be said that the Court will not share her information with anyone, and of course there can be an explanatory letter confirming that assets have been acquired post the separation of the matrimonial assets.However assuming she will not then the answer to your questions are1. Obviously unless she remarries there is always a potential risk - but given what you say it is unlikely that any such claim would be successful2. No she will have no claims on your new wife3. She will have no claim on any inheritance that you receive.Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33506
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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