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 Harris Your Own Question

Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2296
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

I divorced 3 years ago. I have two children. I am in relationship

Resolved Question:

I divorced 3 years ago. I have two children. I am in relationship with a new partner for the last two years. I am going to apply to the court for financial and concent order and my solicitor asked me to provide her with my financial disclosure. It includes my bank statements for the last 12 month, savings, pension etc. plus my outgoings and details of my new partners income and capital pension. we dont have any savings or investments together. The only property we have together is a house where I live at this moment and I want to sell it but my ex husband didnt give me his agreement Because he refused to sign a clean break.
My ex-husband is self employed and on a low income. He payes £30.00 a month maintaince.
My new partner is on a very good capital position with high income.
I didnt provide my solicitor with statement information yet because of my concerns. I dont know :
- is my solicitor/court going to share my financial information with my ex husband or not?
- would he be able to use it agains me if he wanted one day to apply for support from me?
- Can he claim against my partners income if we are living together
- What if in the future my ex-husband claims disability allowance, can he claim against me then?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. I am a qualified family law solicitor.
In response to your questions,
1. During financial negotiations you will need to disclose your financial documents to your ex-husband and he will need to do the same. This is to ensure that there is full and frank disclosure regarding each parties' position when reaching an agreement.
2. Yes, he will base his negotiations on your disclosure and his needs
3. Your new partner's income will only be relevant to a certain extent, for example in relation to your income needs as it will be presumed that your new partner can support you. Your ex-husband cannot make a claim in relation to your new partner's assets or income.
4. Even if your ex-husband is in receipt of disability living allowance this will not prevent him making a financial claim against you as a result of your marriage. The only way to end all financial claims is either by him remarrying or the court granting a final order or a clean break order.
___
Please rate positive if you found this information helpful.
Customer: replied 1 year ago.

Expenses will change next month, and then significantly in 1 year when we get a mortgage together, What do I put on the form?

Also, my partner's ex wife has a disabillity, he does not have a clean break. He pays her maintenance for his children. Can she claim against him, how much would it likely be in oercentage. It's possible that she may never work.

Expert:  Harris replied 1 year ago.
If expenses are going to change in the next 12 months then this needs to be disclosed as part of the negotiations and disclosure.
The same will be the case with your partner's ex-wife and a financial relief claim can be made by her against him until her remarriage or a final order or clean break order is made.
Unfortunately it is difficult to provide details of what kind of settlement could be made but the court will look at both parties' income, assets and their needs when deciding a settlement.
___
Please rate positive if you found this information helpful.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2296
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris 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
 
 
 

Related Law Questions