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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 got divorced a year ago but the finances have not been

Customer Question

Hi I got divorced a year ago but the finances have not been settled yet, I,m thinking of marrying again if I do before the finances are settled can the ex wife make any claims from the new one,also if I die before settlement can the ex wife still claim from my estate. Also I read somewhere that yopu can represent yourself in court but you don,t have to go to mediation if there has been domestic abuse,the ex wife used to kick me out bod bed,punch and throw things at me I had to call the police a couple of times  She also called the police once and accused me of rape which got me arrested and spent a night in a cell also she tried to take me to court saying I was behaving unreasonable but the court threw the case out             .Peter

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Carry on please

Customer: replied 2 years ago.

carry on please

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the current position regarding the finances- how far have the negotiations reached?
Clare
Customer: replied 2 years ago.

Gave the ex wife an offer but not heard back yet. If she accepts that and I change my mind and want to go to court \i presume I still can.

Peter

Expert:  Clare replied 2 years ago.
Hi
What assets and debts are there and what offer have you made?
Clare
Customer: replied 2 years ago.

the bungalow £230.000 motorhome £15 000 all my other assets were before I married her. She,s also asking for some of my private pension which was started years ago andi only paid into it for 7 years in the marriage to her

Expert:  Clare replied 2 years ago.
Hi
How long did you live together and are there any children involved?
What is the value of the other assets you have
Clare
Customer: replied 2 years ago.

No children involved we lived together 2000-2002 got married April 2002 divorced March 2014

Customer: replied 2 years ago.

Can,t remember what the offer was. What happens if I die next week can she claim from my estate?

Expert:  Clare replied 2 years ago.
Hi
What is the value of your other assets?
Clare
Customer: replied 2 years ago.

i would guess 50-75000 Correct me if i,m wrong because i had these assets before i met her they do not come into the settlement

Expert:  Clare replied 2 years ago.
Hi
Sadly the answer is not necessarily no.
The family court will look at all the assets available to both parties when considering the settlement
It is unlikely that the Court will in fact give her any share of the assets that you hold separately as there are ample funds available within the matrimonial home to meet her reasonable needs - but the fact that you have these other assets may mean that she gets a larger share of the equity.
If your remarry prior to the final financial settlement being reached then your ex has no claim on the assets that your new wife brings to the marriage - but in the event of your death she does indeed have a claim on the estate.You can deal with the matter yourself - but you will have to at least attended the Mediation Information and Assessment meeting first.
Please ask if you need further details
Clare

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