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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6376
Experience:  LLB (Hons)
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I was married to my ex husband from Nov 2010 to April 2012.

Customer Question

Hi, I was married to my ex husband from Nov 2010 to April 2012. We separated in July 2011. We had a few hundred pound in a savings account that we split in half. We had no substantial savings, property or assets to split and did not involve a solicitor in our divorce. Should we have had a financial clean break? Could he make any claim on my finances now?
JA: Was the property purchased during the marriage?
Customer: There was no property
JA: Were any marital funds used for the mortgage or property improvements?
Customer: There was no property!
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 9 days ago.
Category: Family Law
Expert:  SASH_Law replied 9 days ago.

Hello, how are you today? 


My name is Lea. It would be nice if you could let me know your name, so that I know who I am talking to. I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.


Please confirm that you have read and understood this message and then we can begin.

Customer: replied 9 days ago.
Laura
Expert:  SASH_Law replied 9 days ago.

Hello Laura

Are either of you remarried?

Customer: replied 9 days ago.
No thank you to a call, happy to message
Customer: replied 9 days ago.
No
Expert:  SASH_Law replied 9 days ago.

In that case your claims against each other remain open. You should get a clean break order in place.

Customer: replied 9 days ago.
Ok thank you
Expert:  SASH_Law replied 9 days ago.

The starting point for the sharing of assets in most cases is 50/50 of all assets accrued during the marriage. The court would typically look at the needs of each party, the needs of any minor children of the marriage, and the factors as listed in s25 of the Matrimonial Causes Act 1973, which I will link to below.

If you did not get a financial order sealed by the court at the time of the divorce, and still do not have one now, then your claim remains open. There are provisos to this - if you have married for example, or you didn’t tick the relevant box in the petition stating you would like to apply for a financial order, means that your claim may be closed. If this is the case, you are advised to take all the previous paperwork to a solicitor to check in-depth whether you still have a claim or not. Your ex may still have a claim against you if they have not remarried.

You will need to attend mediation (see link below on where to find a mediator) before you can make the application to court and can therefore agree everything ahead of the time to make the application to court. If you can agree, you can get a consent order drawn up, and the court will then seal that as a consent order (i.e. an agreement between you). Sealing the order makes it enforceable.

If you cannot get agreement for a consent order, one of you will need to apply to court on Form A, and the court will list the matter for a hearing to see if a Judge can help you agree. If you still cannot agree, the matter will be set down for a new Judge to decide how to split the assets.

You will both also need to complete full financial disclosure, so each of you, and ultimately the judge, can see what assets there are and what is available to share. This includes everything from savings, property to pensions etc.

Until you each have full disclosure it is impossible to say what the potential outcome will be, but as stated above, the starting point for a long marriage is 50/50. There is no magic formula to use, just the law as described and the judge’s absolute discretion on the final decision based on that law.

Find a mediator: www.familymediationcouncil.org.uk

Section 25: https://www.legislation.gov.uk/ukpga/1973/18/section/25/1997-06-19?timeline=true

Form A: https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order

Form E: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953463/form-e-eng.pdf

Expert:  SASH_Law replied 9 days ago.

Can I clarify anything for you?

Expert:  SASH_Law replied 9 days ago.


If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading of a new thread. Alternatively, once you have rated this question, you will get the option to add me as a favourite expert from your membership page. Then, when you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law.


Please note that there is no need to respond to this message.


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