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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2320
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Harris, I have found the sealed consent order between

Resolved Question:

Hi Harris, I have found the sealed consent order between myself and ex husband and it states the following:And whereas it is intended that this order shall be in full and final settlement of all claims between the parties of an income capital, property and pension nature and shall take place as a clean break.Upon implementation of the matters referred to in paragraphs 1 to 5 herein, the Applicant & the Respondent's remaining respective claims if any for maintenance, lump sum orders, property transfer adjustment orders and pension sharing orders shall be and are hereby dismissed with the intent that neither party shall be entitled to bring any further claims against the other under the Matrimonial Causes Act 1973 as amended.Upon the Court finding it just so to order neither party shall be entitled to bring any claim against the others estate under the Inheritance (Provision for Dependants Act) 1975.Does this cover me?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your further question. Unfortunately, this only restricts further claims being made under the Matrimonial Causes Act 1973. He has made an application under the Children Act 1989. However, the court should be made aware that a financial order has been made and that circumstances should not permit him to proceed with his application.
Customer: replied 1 year ago.
What about the clause, neither party shall be entitled to bring any claim against the others estate under the Inheritance (Provision for Dependants Act)?
Expert:  Harris replied 1 year ago.
No, that is a different law for claims for inheritance
Customer: replied 1 year ago.
But does the first paragraph...And whereas it is intended that this order shall be in full and final settlement of all claims between the parties of an income capital, property and pension nature and shall take place as a clean break.Not protect us...the additional paragraphs are specific to the division of assets at the time?
Customer: replied 1 year ago.
Sorry, it is just with it saying "full and final settlement of ALL claims between the parties...otherwise you are never truly protected are you?
Expert:  Harris replied 1 year ago.
Yes, that includes all claims between you but then is limited to claims under matrimonial causes act and inheritance provision only.
Customer: replied 1 year ago.
That's a shame. I read it as all claims, then the 5 paragraphs that refer to the assets that are covered are under the two Acts mentioned. We specifically wanted covering from all future claims due to the nature of my ex hence me thinking this was how the order reads.
Expert:  Harris replied 1 year ago.
It dows not mean that he will be successful in his children act claim though and based on what you have said here and previously it is highly unlilely that he will be successful in his application
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2320
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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