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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i have been divorced from my ex husband for several months. however

Customer Question

i have been divorced from my ex husband for several months.
however the financial matters regarding our relationship have as yet not been settled.
this was due to me pushing for the divorce before the financial isues were dealt with.
we were dealing with these issues through mediation.
my ex partner has now re located to another area of the country he has financial problems and i fear that i will not hear from him anytime soon,which will make any further mediation talks impossible.
i am anxious to resolve the financial matters and move on.
there is a mortgaged property in my sole name, also two children aged 8 and 13.
i have several pension schemes and i am employed where as he is not.
my ex partner contributes nothing toward any property or our childrens upbringing.
there is no capital as any equity and pension schemes are negated by debts.
he has stated he requires a financial settlement but has been advised by the mediators that due to the facts i have stated there is no settlement of monies to be made.

could you please advise me where i stand and how i go about resolving this issue.

many thanks
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
What assets (if any) are there in joint names?
Claire
Customer: replied 4 years ago.


Hi Claire, Thanks for your prompt. There are no assets in joint names. The house is in my sole name.

Expert:  Clare replied 4 years ago.
Hi
In that case the question is what YOU wish to do.
You can do nothing - if he makes no claim or remarries then that ends the matter.
If you are worried about the risk of a future claim then you can force the issue by applying to the court for the financial issues to be dealt with which will lock you into a court timetable leading to a final clean break order dismissing all claims you have against each other
Claire
Customer: replied 4 years ago.


If this were to go to Court how much would this cost me ? I'm not sure how he can claim as I've previously mentioned.


 


I look forward to hearing from you.

Expert:  Clare replied 4 years ago.
Hi
He has a claim by virtue of his marriage to you.
At present there are no available assets against which he could make a claim - but in 10 years time the position could be different - and unless he has remarried his claim would still exist.
The Court fee for making the application is £240 - so if you do it yourself then that is the extent of the cost (apart form time off work etc)
Claire