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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 7072
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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my wife and I have been divorced for somewhere between 5 and

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my wife and I have been divorced for somewhere between 5 and 6 years. at the time of our separation and divorce we were financially ruined we had debts on a shared bank account of £15,000 overdraft, a £20,000 select loan attached to the account I had about £8,000 on a personal loan, approximately 20 or 30,000 on personal credit cards and our house was in negative equity.
When we separated she asked me to take on the mortgage so that she could take out a mortgage on a property of her own and we divorced a couple of years later. at the time of the divorce there was no financial settlement awarded as we had no dependant children (I had a daughter with her who was 20 at the time and we had bought up her daughter from a previous marriage together who was 24 at the time).
since my divorce and without her spending habits I have now greatly reduced my debt and recently re married. I always did earn substantially more than her although for the past two years she has been living with a guy who seems to be keeping her in as good a lifestyle as I ever did or better.
Yesterday she text me and said that she had taken legal advice and she was entitled to payments from me. She said we should come to a private agreement so that we did not have to do it the "hard" way. I however do not believe that this is the case and would resist as strongly as possible. together we were both bad with money and I have worked incredibly hard to improve my situation I do not see why I should then just start giving my hard earned money away to her. Could you advise me please if she does indeed have a case to claim against me now?
kind regards,
Steve Uttridge
Dear *****
Although you did reach a financial agreement with her when you divorced if there was not a consent order made by the court stating that the agreement was in final settlement and preventing any further claims against each other then a claim is possible.
However just because she can claim it does not mean that she will succeed. The court will take into account what was agreed and both your current circumstances and I cannot see her getting anything out of this. Maintenance payments as between the parties are only given in limited circumstances none of which appear to apply here.
This has the flavour of a try on just to see if she can get a few quid out of you and I would refuse.
I hope this helps. If there are any further points please reply
Best wishes
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