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plclegal, Barrister
Category: Family Law
Satisfied Customers: 7646
Experience:  Barrister at law
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My husband has divorced in the past in UK (2014). They owned

Customer Question

My husband has divorced in the past in UK (2014). They owned no common property, no real estate, or any business activities. After the divorce, they did not do consent order in the Court. We met in 2015. We got married in 2017. We have shared business companies, common goods and 2 cars and 2 vans. His ex-wife also remarried in 2019. And she wants to claim our property because she is not doing well financially. My question concerns consent order after divorce. Do they still have to go to court to complete the order? Does the legal force expire when she remarries? Thank you very much for your advice. Katrina
Submitted: 14 days ago.
Category: Family Law
Expert:  plclegal replied 14 days ago.

Hello, my name is***** for your patience.

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Expert:  plclegal replied 13 days ago.

Thank you for your patience.

As both parties have remarried, then it is not possible to claim on the assets of their former spouses.

This is known legally as the "remarriage trap".

Put simply, if you divorce and then remarry without first having made a claim for a Financial Order in the divorce petition or having issued an application for a Financial Order, then you are barred from seeking maintenance orders, lump sum orders or property adjustment orders.

So, neither will be able to claim on the others assets.

I hope that this answers your question?

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court!

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

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I am happy to answer any specific points arising from this.

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If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For PLCLEGAL only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Take care and stay safe.

Expert:  plclegal replied 13 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 13 days ago.
Thank you very much for your advice. That was very helpful.
Now I am at ease that my Husband's ex-wife is unable to claim any rights to any property that she never owned. Fortunately, there is justice. Thank you again. Regards Katrina
Expert:  plclegal replied 13 days ago.

Happy to assist. Take care.