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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2734
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been divorced for 4 years now. Neither one of us have

Resolved Question:

I have been divorced for 4 years now. Neither one of us have done a financial settlement case. When we were married we were living on rent and on benefits. We had no assets.
I'm getting married again soon. My future in laws are advising me I need to do a financial settlement case before I marry their daughter. I spoke to a solicitor he said to me it's been more then 3 years and the financial settlement claim period is limited till then. If you do this in my opinion you are wasting your money and there's no need for you to do a financial settlement with your ex wife. How professional and true is his advice?
And do I need to do a financial settlement case? My ex wife has not remarried. How long will this take settlement case take to do and what cost am I looking at?
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thanks for your question. That information is incorrect. As she has not remarried and there is no court approved financial settlement you will be left open to potential claims by her against your assets and income until she remarries, a court approves a clean break order or she passes away.
A clean break must first be attempted by negotiations out mediation with her - if she agrees this can be submitted to court with a D81 form (outlining your respective finances) for a judge to approve. If she does not agree you will need to apply to court using form A and a £215 court fee and there will need to be a court case with the judge deciding the outcome.
I hope this assists you. 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 your question without a positive rating. Thank you

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