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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner had been separated from his ex wife 6

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My partner had been separated from his ex wife for nearly 6 yrs and divorced for 2 1/2. Both girls lived with him even tho his ex wife agreed on a 50/50 split. They were amicable in their financial discussions and she agreed she would not take anything from his pension and he would give her £10,000 once the endowment matures... He brought her out of the family home. She claimed and received all tax credits and family allowance even tho the two girls lived with him.. The children are 20 and 17 1/2. Now.
Today we have received a letter from his ex saying she has been to a so,unit or and wishes to Perdue him for his pension and endowment!! Where does he stand legally? Kind regards Michelle
Hi, thank you for your question. Just a bit more information required to provide you a full answer:-How long were they married-Was there any formal signed agreement in relation to their settlement?-Have either of them remarried since the divorce?
Customer: replied 1 year ago.
Married for 16 yrs... She had an affair but they left it two yrs after to divorce. Not sure. I know she had a solicitor, she was the partner who stated more regarding what she wanted, Mark agreed to everything apart from she would not touch his pension and not request maintenance for the girls.. As I said she never had the girls. They lived 24/7 with my partner.
Myself and Mark are due to marry this coming December.. She hasn't remarried. I have my divorce settlement which I have paid for alterations etc in her old family home.. I think she thinks Mark has money, is jealous, and she has none... now hence the letter received today.
Customer: replied 1 year ago.
Libby his youngest, lives with his ex now, has since July last year as she was out of control and lying. Mark gives her dinner money and bus fair for college still. Goes half for any trips etc.
Thank you. Unfortunately, their previous financial discussion is not binding, and can only become binding if approved by a court.In the circumstances (as neither has remarried) both of them are able to pursue a financial relief application against the other - which she appears gearing up for. As part of this both will need to provide full and frank financial disclosure to each other regarding all their assets, liabilities, savings and pensions. Given the long marriage, the court's starting position is a 50-50 split of all assets, and then this will be departed from based on their needs and the following criteria:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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