I was divorced in 1989 my ex- wife is threatening to make a claim against my occupational pension which I started receiving 3 years ago.
We were married for 14 years we lived in a rented house when we split up so there was no family assets to do a financial settlement. I paid maintenance for my ex-wife and our 2 children until they were 18 years old they are now 38 and 40 both with their own houses.
My ex- wife`s maintenance was capitalised in November 1995 and a lump sum paid and the maintenance order revoked by the court. My understanding was that a Clean Break consent order was issues issued but I do not have a copy.The court and the solicitor can not provide a copy.
My total income is £17500 the amount of my pension. I live in a rented house with approx. £400 in the bank.
My ex-wife is a house owner with £70000 worth of equity. She has been employed 15 years with an income of £17000 per annum and a member of the public sector pension scheme she is 60 years old. My ex-wife was 31 years old when the maintenance order was granted in March 1986. She has not remarried but did have a further child with another partner who she no longer lives with. They purchased a house together which my ex-wife put in her name paying her ex-partner £20000 when they separated. Her new child a son is 21 years old and lives with his father.
I remarried in July 2001. My current wife is unemployed and has no assets.
What could my ex-wife achieve if this went to court ?
I do not have any paperwork relating to the divorce other than the decree absolute.
However I do have letters from my solicitor regarding revoking the maintenance order in November 1995. Also I have a copy of the letter my ex-wife signed accepting a lump sum and agreeing that the maintenance order be capitalised as a final payment.
My solicitor referred to the payment being made subject to her signing the appropriate documents to effect a clean break.
There was a hearing which my solicitor and I attended at the Magistrates court on 2 November 1995. My ex-wife did not receive any legal representation. The maintenance order was then revoked.
I did not receive a copy of the clean break order the solicitors have destroyed the file and the court no longer keep a record of the hearing.
That is a great relief !
Thank you Clare for answering my question.