Hi, thank you for your question. Just a bit more information required to fully assist you:-Are they in England or Wales?-Was there a court approved financial settlement as part of their divorce?
-Whose name is ***** ***** in?
-Has she remarried?
Thanks for confirming. Firstly, her crossing out the financial relief section on the divorce petition does not waive or end her right to claim financial relief from him. This can only be ended if she remarries, dies, or if a court approves a financial settlement in a court order.
Given that she has not remarried and there does not appear to have been a court approved financial settlement she is entitled to apply to court for financial relief which will take into consideration all of their matrimonial assets, including the property you refer to.
The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both their needs are met in relation to both assets and income - unfortunately I cannot provide information on this without firm information about both of their financial postions. However, for your information the court criteria considered is:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
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