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: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

There, I was divorced with the decree absolute pronounced

Resolved Question:

Hi there, I was divorced with the decree absolute pronounced in September 2015. Residency of our child has been made with my ex-wife being granted custody. However, she refuses to engage in regard to any financial settlement. I have since re-married and I have been informed that unless finances are "rubber-stamped" in court, that she can come back at me now, or even several years in time, to obtain financial gain from me. Furthermore my father is alive and will leave me a substantial inheritance and I have been told that my ex-wife is trying to tap into this in the future if and when the time arises. Has my ex-wife got any claim to any inheritance I may receive in the future since the divorce has been dissolved?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
By "rubber-stamp" I think you mean for a court to approve a settlement that has been agreed between you. In that event, it is not just a rubber-stamping procedure and the Court will assess whether the agreement is fair for your child, your ex-wife and yourself. Given that you have now remarried, if there is no agreement for a financial settlement directly with your ex-wife, then you are unable to proceed with an application to court as you have now remarried. If your wife has not remarried then financial relief applications against you will remain open until she remarries.
In relation to inheritance, this is not an automatic matrimonial asset, and it will be extremely difficult for her to attempt to claim a share of it especially given that it will now be acquired after the divorce. However, claims against existing assets, and assets acquired during the marriage, as well as pensions and spousal maintenance will remain open until an order is made by the court.
Please let me know if you have any further questions regarding this.
Harris and other Law Specialists are ready to help you