How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I was divorced in 1989 can my wife make a claim against my

Resolved Question:

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 ?

Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year 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
Expert:  Clare replied 1 year 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.
I appreciate that it is unlikely but do you have any paperwork relating to the divorce?
Clare
Customer: replied 1 year ago.

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.

Expert:  Clare replied 1 year ago.
Hi
You have no cause for concern.
At the time that the divorce occurred your ex could not make any direct claim on your pension - and that has not changed now.
There is no further claim that she can make
Please ask if you need further details
Clare
Customer: replied 1 year ago.

That is a great relief !

Thank you Clare for answering my question.

Regards

***** *****wood

Expert:  Clare replied 1 year ago.
Hi
You are most welcome I hope all goes well
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice