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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Divorced in 2011. Both now remarried. Prayer

Customer Question

Attachment: 2015-07-16_190441_further_to_the_financial_agreement_completed_as_part_of_the_original_divorce_settlement.doc

Divorced Oct 11. I remarried March 12. My Ex remarried March 13.

No clean break order came into effect, although a prayer for ancillary relief was made in the original divorce documentation.

Apparently the clean break order was never filed due to non payment of the court fee by me. I sent a cheque and believed it had been paid, but the cheque was applied to the Dec. Absolute fee instead and the Order fee was left outstanding.

They have advised me that as such, the financial arrangements of the divorce were never finalised. Although I have remarried which would typically present a bar to action by me, since a prayer for ancillary relief was previously made, remarriage does not restrict me and that I am able still able to seek an equitable financial arrangement.

Within the originally intended financial settlement, the split was approx. 1/3rd to me, and 2/3rd to my ex wife. This was agreed since I wanted the family home to be able to be maintained for the children (2 were already adult, 2 as minors) for as long as possible and possibly the rest of her life. My ex had always said that she would never sell the house as it was where the family grew up.

However, with my name on the mortgage I was unable to buy myself and my new family (I now have 2 further children) our own home. My ex made an offer based upon what she assured me was the absolute maximum she could finance. This offer was less than half the fair value even based on a 1/3rd share. She advised that if I did not accept this offer, since she could lend no more, I would have to wait at least 12 years until the youngest reached 18. Additionally, my business was in trouble and I needed this money to avoid going bust.

Ultimately it turned out in the finance process that prior to arriving at the offer figure for me, she had remortgaged (as agreed), but then also taken additional lending to pay off her debts, finance her luxury marriage and honeymoon, and finance a family holiday. The figure I was told was the “maximum” was a deception. At that point I stopped paying the agreed maintenance, and have not restarted. She has not taken action on this.

Additionally, her pension CETV was approx. £160,000, mine was £34,000. I made no claim against her pension, but instead received the proceeds of a jointly held endowment maturity totaling approx. £45,000.

Now, she has put the house on the market for £715,000. I received £55,000 at the end of 2012 when it would likely have been worth £500,000 with £75,000 mortgage.

She plans to move her and the youngest (now 8) to a house at the seaside, and she plans to retire, aged 51.

I need to know if there is any financial claim I can hope to successfully make against the property, and/or via a pension sharing arrangement.

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
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