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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8325
Experience:  Barrister at law
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Family law, London, Nothing, No, London, Urgent

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Family law
JA: Where is this? It matters because laws vary by location.
Customer: London
JA: What steps have been taken so far?
Customer: Nothing
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do they live in?
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Urgent
Customer: replied 12 days ago.
I need help with family law financial settlement case .

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

Customer: replied 12 days ago.
Thanks
For getting back to me.
Basically I need to know if both partners get married after the first divorce is my ex allowed to make a claim for finance settlement or entiled to my pension sharing.
We both got our absolute decree in 2011 .
We did not make any financial settlement at the time.
I got married and he got married both after the divorce.
He's now made a claim and is request all properties that I sold in 2012 and invested in my current home and gifted one property to my son.My divorce absolute states that
1 . Divorce affects inheritance under a will where a will has already been made by either party to the marriage then,by virtue of section 18A of the wills Act 1837.
a. Any provision of the will appointing the former spouse executor or trustee or conferring power of appointment on the former spouse shall take effects as if the former spouse has died on the date on which the marriage is dissolved unless a contrary intention appears in the will;
B, Any property which,or an interest in which,is devised or bequeathed to the former spouse shall pass as if the former spouse had died in the date on which the marriage is dissolved unless a contrary intention appears in the will.2. Divorce affects the appointment of guardian
Unless a contrary intention is shown in the instrument of appointment,any appointment under section 5(3) or 5(4) of children Act 1989 by one spouse of his or her former spouse as a guardian is,by virtue of section 6 of Act, demand to have been revoked at the date of dissolution of the marriage.
What does the above mean ??
Customer: replied 12 days ago.
If you can expain I might consider calling you for more details but because I'm on a tight budget I can't afford it until I get my unversal credit on 19 September
Customer: replied 12 days ago.
But please answer the above tomorrow if you get the chance .
Thanks again
.best regardsShanaz

Good morning, thanks for your patience.

As you have both remarried, he should be prevented from claiming on your assets through the family court.

The only possible claim could be a pension sharing order.

The law around this is referred to 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.

Which court has he made the claim in? Do you have a case reference number yet?

Customer: replied 12 days ago.
Thank you so much for getting back to me
My second marriage has ended due to health issues and we are on good terms and are not fighting or annoyed with each other .
My 1 st divorce who's made a claim to apply to the court for
* a lump sum order
*. a property Adjustment Order
* a settlement or a transfer of property
* a Periodical payment Order
* a Pension Sharing order
*. a Pension compensation Sharing Order
* a Pension Attachment Order
* a Pension Compensation Attachment Order
What does all off above mean.Also if I transferred one of the property to my son for his 18th birthday as a way of gift 18 Month ago can 1st ex husband claim on this property he states I disposition in the name of my son to defeat the interest of Applicate.
Also does my 2nd ex husband have any claim on any of my assets.Thanks again look forward hearing from you again .
Kind regards
Shanaz

Thank you for confirming.

in this case, as he has remarried, he is statute barred from claiming on your assets, bar the pensions.

You should issue a D11 application to strike out all claims for lump sums, property adjustment, settlement or transfer of property and periodical payments on the basis that he has remarried (state the date he remarried), is therefore statute barred from making any such claims and that this is an abuse of process, asking the court to list the matter for directions before a district judge to deal with the issue of the pension sharing applications.

Bearing in mind your first marriage ended in 2011, claims on your pension will be limited.

As to your second husband, he may have claims on any assets acquired during your second marriage. Anything that predates the second marriage should be excluded from a settlement 'pot'.

The D11 application is here:

https://www.gov.uk/government/publications/form-d11-application-notice

I trust that this assists and answers your questions about this?

Customer: replied 12 days ago.
Thanks so much
I will call you next week
Instead of writing to you because I feel you have been very helpful.I am just waiting for my unversal credit .
You forgot to answer regarding my son the gift of property does he have any right to it .if he wins a case .
I don't own it ?I look forward hearing from you soonBest regardsShanaz
Customer: replied 12 days ago.
I text you before I call you next week .
But do answer this question about my son's property.Also how long can I speak to you for on that call that cost £44

Happy to talk as and when you are ready. Calls are usually finished in around 15-20 minutes.

The point about the property gifted to your son is that your ex husband has no claims on any of your property, gifted to your son or not. He's statute barred from making a claim. Sorry - I didn't forget to answer, it just follows that the court isn't going to reverse a gift to your son for a property that your first ex husband has no route to claim on in any event. I hope that's clearer.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 12 days ago.
Your amazing
Thanks again

Very happy to help.

plclegal and 3 other Family Law Specialists are ready to help you
Customer: replied 10 days ago.
Good morning.
I've just seen my divorce petition
I'm the petitioner.The petitioner may be be granted the following.accillary relief
Etc
Etc
Etc
I basically crossed everything at the timeWhat have I done ?
Is this bad news

OK. This is very much a new question.

This may mean that your financial proceedings are still actively on the court file as you instigated them at the time.

But (this is pretty technical), as he has now applied as an 'applicant', he should be statute barred from applying as he did not make the application before the marriage ended.

I've actually not come across this before, if I'm honest.

Could you post the specific point as a new question? A colleague on here may be able to assist with the technical issue you have raised.

Customer: replied 10 days ago.
Thanks for quick reply.
I do that now .☺️

Thank you.

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 6 days ago.
Will do thanks again for everything
Take care

My pleasure.