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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I divorced my husband 10 years ago and won custody of my son.

Customer Question

I divorced my husband 10 years ago and won custody of my son. Since then I have moved to a new house which I bought out right and the deeds are in my sole name. Recently our 10 year old son decided to live with his father. If I decide to sell my house to down size would my ex be able to claim to any monies for my son. I do have 2 other children who are 28 and 29 but are from a previous marriage.

Thank you
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
was a final financial order made within the divorce proceedings?
Customer: replied 4 years ago.

It states on my Decree Absolute that if there was a will made by either of us then , by virtue of section 18A of the wills Act 1837:(a) and (b)

There was never a will made.

Divorce affects the appointment of a guardian, unless a contrary intention is shown in the instrument of appointment, any oppointment under section5 (3) or 5(4) of the Children Act 1989 by one spouse of his or her former spouse as guardian is, by virtue of section 5 of that Act, deemed to have revoked at that date of the dissolution of the marriage


Expert:  Clare replied 4 years ago.
The Finances will have been dealt with as a separate issue and there would have been a separate order