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Clare, Solicitor
Category: Law
Satisfied Customers: 34894
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was divorced in 1989 can my wife make a claim against my

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I was divorced in 1989  my ex- wife is threatening to make a claim against my occupational pension which I started receiving 3 years ago.

We were married for 14 years we lived in a rented house when we split up so there was no family assets to do a financial settlement. I paid maintenance for my ex-wife and our 2 children until they were 18 years old they are now 38 and 40 both with their own houses.

My ex- wife`s maintenance was capitalised in November 1995 and a lump sum paid and the maintenance order revoked by the court. My understanding was that a Clean Break consent order was issues issued but I do not have a copy.The court and the solicitor can not provide a copy.

My total income is £17500 the amount of my pension. I live in a rented house with approx. £400 in the bank.

My ex-wife is a house owner with £70000 worth of equity. She has been employed 15 years with an income of £17000 per annum and a member of the public sector pension scheme she is 60 years old. My ex-wife was 31 years old when the  maintenance order was granted in March 1986. She has not remarried but did have a further child with another partner who she no longer lives with. They purchased a house together which my ex-wife put in her name paying her ex-partner £20000 when they separated. Her new child a son is 21 years old and lives with his father.

I remarried in July 2001. My current wife is unemployed and has no assets.

What could my ex-wife achieve if this went to court ?

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
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Thank you!
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I appreciate that it is unlikely but do you have any paperwork relating to the divorce?
Customer: replied 2 years ago.

I do not have any paperwork relating to the divorce other than the decree absolute.

However I do have letters from my solicitor regarding revoking the maintenance order in November 1995. Also I have a copy of the letter my ex-wife signed accepting a lump sum and agreeing that the maintenance order be capitalised as a final payment.

My solicitor referred to the payment being made subject to her signing the appropriate documents to effect a clean break.

There was a hearing which my solicitor and I attended at the Magistrates court on 2 November 1995. My ex-wife did not receive any legal representation. The maintenance order was then revoked.

I did not receive a copy of the clean break order the solicitors have destroyed the file and the court no longer keep a record of the hearing.

You have no cause for concern.
At the time that the divorce occurred your ex could not make any direct claim on your pension - and that has not changed now.
There is no further claim that she can make
Please ask if you need further details
Customer: replied 2 years ago.

That is a great relief !

Thank you Clare for answering my question.


***** *****wood

You are most welcome I hope all goes well
Clare, Solicitor
Category: Law
Satisfied Customers: 34894
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you