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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am already divorced and I have tried very hard to get my

Resolved Question:

I am already divorced and I have tried very hard to get my ex-wife to sign a consent order to stop her making any claim on my future inheritance but she continuallly refuses to sign it, because she knows that I may inherit some money when my father dies.
Could she ever make a claim on my future inheritance and if so, what could be done to stop this happening?
Can you help?
Richard German
Submitted: 2 years ago.
Category: Law
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.
When was the Decree Absolute and what is the current financial position?
Clare
Customer: replied 2 years ago.

Dear Clare,

Thank you for your quick response.

My ex-wife Alejandrina and I married in June 1996 in Lima, Peru, and the Decree Absolute was issued in July of last year, although we separated in August 2010 and have been living apart ever since.

I have two boys who live their mother, Christian turned 18 in April of this year and will be attending university later this year to study medicine and Andrew is currently in grammar school and expects to attend university in 3 years time to study law.

Since splitting from my ex-wife, I have until very recently been paying more than the legal requirement in terms of child maintenance, taking into account my salary, but this never seems to satisfy her demands for money.

During the course of our marriage, she did not work and I contributed a substantial amount of money towards the purchase of the house in which she now lives, in Thornton Heath, London, which is registered solely in her name.

I have no assets and live in rented accomodation whereas she has a house upon which there is no mortgage. She has consistently refused to reveal her financial details and she is now demanding that I shoulder the entire cost of both my childrens' university education, which I am unable to do.

She is well aware that I may receive a substantial sum when my father dies and I believe she is avoiding signing a consent order with the intention of claiming more money after I have received an inheritance.

Should you require any more details with regard to this matter, I will be happy to supply them.

Richard German

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and if there is a mortgage how much is outstanding.
What Income do you each have?
Clare
Customer: replied 2 years ago.

Dear Clare,

Sorry for the delay - the internet has been down and Richard has now gone on holiday, but I can tell you his ex-wife paid £250,000 cash for the house in Thornton Heath in 2010, it is probably now worth £375,000 and there is no mortgage. Richard earns about £18,000 a year as a school lab assistant, and still has student loan debts and money he borrowed to buy her furniture. She does not work, but gets all available benefits except housing. She may have lodgers but won't say. Christian starts as a medical student next month, Andrew still has 3 years at school. Clifford German (Richard's father)

Customer: replied 2 years ago.

Dear Clare,

I have recently come back from holiday. I can confirm that my ex-wife paid £250,000 cash for the house in Thornton Heath in 2010. There is no mortgage on the house. I earn about £19,000 a year as a science laboratory technician in a school, I still have a student loan to pay off.

My ex-wife does not work but gets benefits from the state with the exception of housing benefit. My ex-wife did not fill in a financial declaration so I cannot be sure of her exact income. The property is a five bedroom house and my ex-wife and our two sons occupy three of the five bedrooms. I suspect that she receives income from lodgers in the property but I cannot confirm this.

Should you require any additional information, please let me know as soon as possible and I will be available to answer your questions.

Expert:  Clare replied 2 years ago.
HI
From what you have said you have little need to worry about a Consent Order.
Whilst technically your ex could attempt to make a claim on your inheritance the fact that it was received AFTER the Decree absolute and that she has already received the bulk of the Matrimonial Assets make it almost certain that any claim she attempted would be doomed to failure - even if you inherit millions.
However if you are determined that there needs to be an Order then your way forward is to apply to the Court for a Financial Order.
Please ask if you need further details
Clare
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